PAUL MARINACCIO, SR. V KIEFFER ENTERPRISE, INC. PAUL MARINACCIO, SR. V TOWN OF CLARENCE -. (APPEAL NO. 2.)
Motion No: CA 10-00292
Slip Opinion No: 2010 NY Slip Op 80010(U)
Decided on August 16, 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.


August 16, 2010

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

DOCKET NO. CA 10-00292
DOCKET NO. CA 10-01703

PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT,

V

KIEFFER ENTERPRISE, INC., DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT,

V

TOWN OF CLARENCE DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellants Town of Clarence (Docket No. CA 10-01703) and Kieffer Enterprise, Inc. (Docket No. CA 10-00292) having moved for an extension of time to perfect the appeals taken from judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 24, 2009,

Now, upon reading and filing the affirmation of Jeremy A. Colby, Esq. dated July 19, 2010, the affirmation of Dennis P. Glascott, Esq. dated July 27, 2010, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted to the extent that appellants shall perfect the appeals on or before November 3, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 16, 2010

Patricia L. Morgan, Clerk