DAVID COLLINS AND TRACEY COLLINS V VINCENT P. KUCZKA, II AND DUGGAN'S TRUCKING, INC.
Motion No: CA 12-00636
Slip Opinion No: 2012 NY Slip Op 70613(U)
Decided on April 12, 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.


April 12, 2012

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

DOCKET NO. CA 12-00636

DAVID COLLINS AND TRACEY COLLINS,

PLAINTIFFS-APPELLANTS,

V

VINCENT P. KUCZKA, II AND DUGGAN'S TRUCKING, INC.,

DEFENDANTS-RESPONDENTS.


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 Erie on June 24, 2011,

Now, upon reading and filing the affirmations of Debra A. Norton, Esq., dated March 27, 2012, and April 4, 2012, the notice of motion with proof of service thereof, and the affirmation of Leo T. Fabrizi, Esq., dated March 30, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before May 29, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 12, 2012

Frances E. Cafarell, Clerk