IN THE MATTER OF THE APPLICATION OF THE VILLAGE OF ALBION, COUNTY OF ORLEANS, STATE OF NEW YORK V JAMES MCCARTHY AND
Motion No: CA 11-02210
Slip Opinion No: 2012 NY Slip Op 60936(U)
Decided on January 9, 2012
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.


January 9, 2012

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

DOCKET NO. CA 11-02210

IN THE MATTER OF THE APPLICATION OF THE

VILLAGE OF ALBION, COUNTY OF ORLEANS,

STATE OF NEW YORK, PETITIONER-RESPONDENT,

V

JAMES MCCARTHY AND CHERYL MCCARTHY, AND

ALL OTHER PERSONS HAVING AN INTEREST IN AND

TO THE PREMISES KNOWN AS 106 SOUTH CLINTON STREET,

ALBION, NEW YORK, RESPONDENTS-APPELLANTS.


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 Orleans on January 12, 2011,

Now, upon reading and filing the affidavit of James McCarthy sworn to December 21, 2011, the affidavit of Cheryl McCarthy sworn to December 21, 2011, the statement of Heather McCarthy dated December 20, 2011, the notice of motion with proof of service thereof, and the affirmation of Charles W. Malcomb, Esq., dated January 3, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered November 17, 2011, is hereby amended by deleting the date December 21, 2011, and inserting in its place the date February 21, 2012.

Entered: January 9, 2012

Frances E. Cafarell, Clerk