MCGUIRE CHILDREN, LLC, , FRANK MCGUIRE V WILLIAM HUNTRESS, ACQUEST HOLDINGS, INC., ACQUEST DEVELOPMENT, LLC, ACQUEST
Motion No: CA 10-01163
Slip Opinion No: 2010 NY Slip Op 83064(U)
Decided on September 17, 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.


September 17, 2010

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

DOCKET NO. CA 10-01163
DOCKET NO. CA 10-01165

MCGUIRE CHILDREN, LLC, PLAINTIFF-RESPONDENT-APPELLANT,

FRANK MCGUIRE, ET AL., PLAINTIFFS,

V

WILLIAM HUNTRESS, ACQUEST HOLDINGS, INC.,

ACQUEST DEVELOPMENT, LLC, ACQUEST GOVERNMENT

HOLDINGS OPP, LLC, ACQUEST GOVERNMENT HOLDINGS, U.S.

GEOLOGICAL, LLC, LINCOLN PARK ASSOCIATES, LLC,

DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.)

MCGUIRE CHILDREN, LLC, PLAINTIFF-RESPONDENT-APPELLANT,

FRANK MCGUIRE, ET AL., PLAINTIFFS,

V

WILLIAM HUNTRESS, ACQUEST HOLDINGS, INC.,

ACQUEST DEVELOPMENT, LLC, ACQUEST GOVERNMENT

HOLDINGS OPP, LLC, ACQUEST GOVERNMENT HOLDINGS, U.S. GEOLOGICAL,

LLC, LINCOLN PARK ASSOCIATES, LLC,

DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.)


Appellants-respondents having moved for an extension of time to perfect the appeals and cross appeals taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 10, 2009 and January 19, 2010,

Now, upon reading and filing the affidavit of Michael A. Brady, Esq. sworn to August 19, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that appellants-respondents shall perfect the consolidated appeals on or before October 15, 2010, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that respondent-appellant shall perfect the cross appeals on or before November 22, 2010, and in the event of failure to so perfect, the cross appeals are hereby dismissed without further order.

Entered: September 17, 2010

Patricia L. Morgan, Clerk