| MARY HERBST AND JEFFREY HERBST, V MARK MARSHALL, , AND KENNETH F. GOULDING |
| Motion No: CA 11-00326 |
| Slip Opinion No: 2011 NY Slip Op 71047(U) |
| Decided on April 22, 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-APPELLANTS, V MARK MARSHALL, DEFENDANT-APPELLANT-RESPONDENT, AND KENNETH F. GOULDING,
DEFENDANT. |
Plaintiffs having moved for an extension of time to perfect their cross 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, and for other relief,
Now, upon reading and filing the affirmation of Kevin J. Graff, Esq. dated March 28, 2011, 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 and plaintiffs shall perfect their cross appeal on or before June 17, 2011, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: April 22, 2011
Patricia L. Morgan, Clerk