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

DOCKET NO. CA 11-01304

IN THE MATTER OF THE APPLICATION OF PETITIONER, RODNEY J. MCKEOWN, HOLDER OF FIFTY PERCENT OF ALL OUTSTANDING SHARES OF IMAGE COLLISION, LTD., FOR THE DISSOLUTION OF IMAGE COLLISION, LTD., A DOMESTIC BUSINESS CORPORATION PAUL TRINKWALDER, INDIVIDUALLY AND AS A SHAREHOLDER OF IMAGE COLLISION, LTD., AND SUING IN THE RIGHT OF IMAGE COLLISION, LTD., PLAINTIFFS-APPELLANTS, V RODNEY J. MCKEOWN, INDIVIDUALLY AND AS A SHAREHOLDER OF IMAGE COLLISION, LTD., AND RODNEY J. MCKEOWN DOING BUSINESS AS RJM AUTOMOTIVE, 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 Niagara on March 21, 2011, and defendants having cross-moved to dismiss the appeal, and for other relief,

Now, upon reading and filing the affidavits of Mark E. Guglielmi, Esq., sworn to June 20, 2011, and July 14, 2011, the affidavit of Jon Louis Wilson, Esq., sworn to June 22, 2011, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the cross motion insofar as it seeks dismissal for failure to perfect timely the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 6, 2011, and the cross motion is otherwise denied without prejudice.

Entered: July 18, 2011

Patricia L. Morgan, Clerk