| R.E. RANDALL, INC. AND RAYMOND E. RANDALL V NEXUS ISR, LLC, A NEW YORK LIMITED LIABILITY COMPANY FRANK R. COLE |
| Motion No: CA 11-01604 |
| Slip Opinion No: 2011 NY Slip Op 81968(U) |
| Decided on August 23, 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 11-01604
| R.E. RANDALL, INC. AND RAYMOND E. RANDALL,
PLAINTIFFS-RESPONDENTS, V NEXUS ISR, LLC, A NEW YORK LIMITED LIABILITY COMPANY, DEFENDANT-APPELLANT, FRANK R. COLE,
INDIVIDUALLY, AND COLE INNOVATIONS, INC., DEFENDANTS. |
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 Monroe on September 9, 2010,
Now, upon reading and filing the affirmation of Norma A. Pelizzi, Esq., dated July 28, 2011, the notice of motion with proof of service thereof, and the affirmation of John A. Maya, Esq., received August 16, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: August 23, 2011
Patricia L. Morgan, Clerk