| KRISTINE SIMMONS-KINDRON V 1218770 ONTARIO INC. DOING BUSINESS AS FYKE TRADING CO. VICTOR J. NICKERSON, - AND ANTHONY |
| Motion No: CA 11-01493 |
| Slip Opinion No: 2011 NY Slip Op 79796(U) |
| Decided on August 2, 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 11-01493
| KRISTINE SIMMONS-KINDRON, PLAINTIFF-RESPONDENT, V 1218770
ONTARIO INC. DOING BUSINESS AS FYKE TRADING CO., VICTOR J. NICKERSON, DEFENDANTS-APPELLANTS AND ANTHONY J. KUNZ,
DEFENDANT. |
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 Erie on October 7, 2010,
Now, upon reading and filing the affidavits of Eric S. Bernhardt, Esq., sworn to July 21, 2011, and July 29, 2011, the notice of motion with proof of service thereof, and the affirmation of David W. Polak, Esq., dated July 27, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellants shall perfect the appeal on or before October 11, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 2, 2011
Patricia L. Morgan, Clerk