Roger Mccormick et - v William Favreau et and James Carter -.

Motion No: 509796

Slip Opinion No: 2010 NY Slip Op 76127(U)

Decided on July 1, 2010

Appellate Division, Third 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.

Decided and Entered: July 1, 2010

Case # 509796

ROGER MCCORMICK et al., Appellants- Respondents, v WILLIAM FAVREAU et al., Respondents, and JAMES CARTER, Respondent- Appellant.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal taken by plaintiffs.

Cross motions to dismiss appeal taken by plaintiffs.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition and in response thereto, it is

ORDERED that the motion for an extension of time to perfect the appeal taken by plaintiffs is granted, without costs, and the time to perfect the appeal is extended to July 26, 2010. It is noted that any subsequent motion for an extension of time to perfect the appeal taken by plaintiffs must be supported by an affidavit setting forth a reasonable excuse for the delay and merit to the appeal as required by section 800.12 of this Court's Rules of Practice, and it is further

ORDERED that the appeal taken by plaintiffs is dismissed, without costs, unless plaintiffs shall file and serve their record on appeal and brief on or before July 26, 2010, in which event the cross motions to dismiss the appeal are denied, without costs.
CARDONA, P.J., SPAIN, KAVANAGH, STEIN and McCARTHY, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court