| EVELYN SONNELITTER, GARY SONNELITTER, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE, AND SONNELITTER FAMILY TRUST, V JOSEPH |
| Motion No: NOS. CA 12-00175 AND CA 12-00176 |
| Slip Opinion No: 2012 NY Slip Op 69961(U) |
| Decided on April 11, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 12-00175 AND CA 12-00176
| EVELYN SONNELITTER, GARY SONNELITTER, INDIVIDUALLY AND AS
SUCCESSOR TRUSTEE, AND SONNELITTER FAMILY TRUST, PLAINTIFFS-APPELLANTS-RESPONDENTS, V JOSEPH WHITE, INDIVIDUALLY AND AS
FORMER TRUSTEE OF THE SONNELITTER FAMILY TRUST, DEFENDANT-RESPONDENT-APPELLANT, CAROL ALABISO, GERALD MCCLAIN WHITLEY
AND MCCLAIN PROPERTIES, LLC, DEFENDANTS. |
Defendant-respondent-appellant having moved for an extension of time to perfect his cross appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 26, 2011, and July 26, 2011,
Now, upon reading and filing the affidavit of John J. Keenan, Esq., sworn to March 26, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and defendant-respondent-appellant shall perfect his cross appeals on or before June 18, 2012, and, in the event of failure to so perfect, the cross appeals are hereby dismissed without further order.
Entered: April 11, 2012
Frances E. Cafarell, Clerk