IN THE MATTER OF THE APPLICATION OF VILLAGE OF ALBION, COUNTY OF ORLEANS, STATE OF NEW YORK V JAMES MCCARTHY AND CHERYL
Motion No: CA 10-02140
Slip Opinion No: 2011 NY Slip Op 63819(U)
Decided on February 8, 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.


February 8, 2011

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

DOCKET NO. CA 10-02140

IN THE MATTER OF THE APPLICATION OF VILLAGE OF ALBION,

COUNTY OF ORLEANS, STATE OF NEW YORK,

PETITIONER-RESPONDENT,

V

JAMES MCCARTHY AND CHERYL MCCARTHY, AND ALL OTHER PERSONS

HAVING AN INTEREST IN AND TO THE PREMISES KNOWN AS 106

SOUTH CAROLINA STREET, ALBION, NEW YORK,

RESPONDENTS-APPELLANTS.


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 Orleans on July 27, 2010,

Now, upon reading and filing the affidavits of James McCarthy and Cheryl McCarthy sworn to January 14, 2011, the notice of motion with proof of service thereof, and the affirmation of Charles W. Malcomb, Esq. dated February 2, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered November 15, 2010 is hereby amended by deleting the date January 14, 2011 and inserting in its place the date March 15, 2011.

Entered: February 8, 2011

Patricia L. Morgan, Clerk