| MELISSA M. KOWALCZYK AND PETER J. KOWALCZYK V SHAWN D. THEOBALDS AND ELAINE L. CIALLELA RICHARD L. O'NEIL, INDIVIDUALLY |
| Motion No: CA 11-00005 |
| Slip Opinion No: 2011 NY Slip Op 63041(U) |
| Decided on February 3, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00005
| MELISSA M. KOWALCZYK AND PETER J. KOWALCZYK,
PLAINTIFFS-RESPONDENTS, V SHAWN D. THEOBALDS AND ELAINE L. CIALLELA, DEFENDANTS-APPELLANTS, RICHARD L. O'NEIL,
INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF KRISTEN O'NEIL, DECEASED, DEFENDANT-RESPONDENT. STEPHANIE GROSSO,
PLAINTIFF-RESPONDENT. V SHAWN D. THEOBALDS AND ELAINE L. CIALLELA, DEFENDANTS-APPELLANTS, SHAWN D. THEOBALDS AND
ELAINE L. CIALLELA, THIRD-PARTY PLAINTIFFS-APPELLANTS, V PETER J. KOWALCZYK, THIRD-PARTY
DEFENDANT-RESPONDENT. |
Appellants Shawn D. Theobalds and Elaine L. Ciallela 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 Erie on October 27, 2010,
Now, upon reading and filing the affidavit of Tasha T. Dandridge-Richburg, Esq. sworn to December 30, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: February 3, 2011
Patricia L. Morgan, Clerk