| STEVEN KOSTYO AND KAREN KOSTYO, INDIVIDUALLY AND AS HUSBAND AND WIFE V SCHMITT AND BEHLING, LLC |
| Motion No: CA 10-01279 |
| Slip Opinion No: 2010 NY Slip Op 75875(U) |
| Decided on June 28, 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01279
| STEVEN KOSTYO AND KAREN KOSTYO, INDIVIDUALLY AND AS HUSBAND AND
WIFE, PLAINTIFFS-APPELLANTS, V SCHMITT AND BEHLING, LLC, DEFENDANT-RESPONDENT. |
Appellants having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 31, 2009,
Now, upon reading and filing the affidavit of Andrew D. Fanizzi, Esq. sworn to June 4, 2010, the notice of motion with proof of service thereof, the affirmation of Stephanie G. Elliott, Esq. dated June 16, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before August 27, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 28, 2010
Patricia L. Morgan, Clerk