DORIS KRIEGER AND FRANK KRIEGER V MCDONALD'S RESTAURANT OF NEW YORK, INC., HECTOR URENA DOING BUSINESS AS MCDONALD'S
Motion No: NOS. CA 10-00570 AND CA 10-00571
Slip Opinion No: 2010 NY Slip Op 73920(U)
Decided on June 9, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


June 9, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NOS. CA 10-00570 AND CA 10-00571

DORIS KRIEGER AND FRANK KRIEGER, PLAINTIFFS-APPELLANTS,

V

MCDONALD'S RESTAURANT OF NEW YORK, INC.,

HECTOR URENA DOING BUSINESS AS MCDONALD'S RESTAURANT,

CP NATIONAL ENTERPRISES, INC., DOING BUSINESS AS MCDONALD'S

RESTAURANT, CRG AT ARNOT MALL, INC. D/B/A MCDONALD'S RESTAURANT,

DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

MICHAEL RUCKER, PLAINTIFF-APPELLANT,

V

MCDONALD'S RESTAURANT OF NEW YORK, INC.,

HECTOR URENA DOING BUSINESS AS MCDONALD'S RESTAURANT,

CP NATIONAL ENTERPRISES, INC., DOING BUSINESS AS MCDONALD'S

RESTAURANT, CRG AT ARNOT MALL, INC. DOING BUSINESS AS MCDONALD'S

RESTAURANT, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)


Appellants having moved for a second extension of time to perfect their the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 26, 2009,

Now, upon reading and filing the affidavit of John A. Cirando, Esq. sworn to May 19, 2010, the notice of motion with proof of service thereof, the affirmation of Melissa J. Smallacombe, Esq. dated May 27, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the second ordering paragraph of the order of this Court entered March 23, 2010 is hereby amended by deleting the date May 24, 2010 and inserting in its place the date July 30, 2010.

Entered: June 9, 2010

Patricia L. Morgan, Clerk