| QUINLAN FERRARA ELECTRIC, INC. V MARK A. SIMMONS AND TRACY J. SIMONS |
| Motion No: CA 11-02287 |
| Slip Opinion No: 2011 NY Slip Op 91912(U) |
| Decided on December 8, 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 11-02287
| QUINLAN FERRARA ELECTRIC, INC., PLAINTIFF-RESPONDENT, V MARK A.
SIMMONS AND TRACY J. SIMONS, DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 4, 2011,
Now, upon reading and filing the affidavit of Mark A. Simons sworn to November 10, 2011, the notice of motion with proof of service thereof, and the affirmation of Thomas A. Fink, Esq., dated November 15, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: December 8, 2011
Patricia L. Morgan, Clerk