DANIEL B. LANDIS AND JANELLA A. LANDIS V RICHARD GIACINTO, SCHULTS & SCHULTS ATTORNEYS, AND DAVID A. SHULTS, ESQ.
Motion No: CA 10-02401
Slip Opinion No: 2010 NY Slip Op 91701(U)
Decided on December 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.


December 17, 2010

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

DOCKET NO. CA 10-02401

DANIEL B. LANDIS AND JANELLA A. LANDIS,

PLAINTIFFS-APPELLANTS,

V

RICHARD GIACINTO, SCHULTS & SCHULTS ATTORNEYS,

AND DAVID A. SHULTS, ESQ., DEFENDANTS-RESPONDENTS.


Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on February 18, 2010,

Now, upon reading and filing the affirmation of Edward J. Degnan, Esq. dated December 2, 2010, and 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 shall perfect the appeal on or before February 15, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 17, 2010

Patricia L. Morgan, Clerk