| MARY HERBST AND JEFFREY HERBST V MARK MARSHALL AND KENNETH F. GOULDING |
| Motion No: CA 11-00326 |
| Slip Opinion No: 2011 NY Slip Op 67065(U) |
| Decided on March 14, 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 11-00326
| MARY HERBST AND JEFFREY HERBST, PLAINTIFFS-RESPONDENTS, V
MARK MARSHALL, DEFENDANT-APPELLANT, AND KENNETH F. GOULDING, DEFENDANT. |
Appellant 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 Niagara on May 18, 2010,
Now, upon reading and filing the affidavit of John E. Abeel, Esq. sworn to February 15, 2011, and the notice of motion with proof of service thereof, the affirmation of Kevin J. Graff dated February 25, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before May 13, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 14, 2011
Patricia L. Morgan, Clerk