RACHEL R. KITCHEN AND JEREMY F. KITCHEN V KATHERINE L. GREGG AND CARRIER COACH, INC.
Motion No: CA 12-00191
Slip Opinion No: 2012 NY Slip Op 74213(U)
Decided on May 24, 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.


May 24, 2012

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

DOCKET NO. CA 12-00191

RACHEL R. KITCHEN AND JEREMY F. KITCHEN,

PLAINTIFFS-APPELLANTS,

V

KATHERINE L. GREGG AND CARRIER COACH, INC.,

DEFENDANTS-RESPONDENTS.


Appellants having moved for permission to proceed as poor people and 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 Cattaraugus on October 13, 2011,

Now, upon reading and filing the affidavits of Ronald J. Wright, Esq., sworn to March 21, 2012, and April 19, 2012, the affirmation of Albert J. D'Aquino, Esq., dated April 4, 2012, the affidavit of Thomas C. Brady, Esq., sworn to April 12, 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 insofar as it seeks permission to proceed as a poor person is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted to the extent that the ordering paragraph of the order of this Court entered February 8, 2012, is hereby amended by deleting the date April 9, 2012, and inserting in its place the date July 23, 2012.

Entered: May 24, 2012

Frances E. Cafarell, Clerk