KENNETH POLK AND CARA POLK V JOSEPH GUGINO, SR., INDIVIDUALLY AND DOING BUSINESS AS J. GUGINO CONSTRUCTION, JOSEPH
Motion No: CA 12-00363
Slip Opinion No: 2012 NY Slip Op 74738(U)
Decided on May 25, 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 25, 2012

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

DOCKET NO. CA 12-00363

KENNETH POLK AND CARA POLK,

PLAINTIFFS-RESPONDENTS,

V

JOSEPH GUGINO, SR., INDIVIDUALLY AND

DOING BUSINESS AS J. GUGINO CONSTRUCTION,

JOSEPH GUGINO, JR., INDIVIDUALLY AND

DOING BUSINESS AS J. GUGINO CONSTRUCTION,

DEFENDANTS-APPELLANTS,

M.J. PETERSON CORPORATION,

HUNT REAL ESTATE CORPORATION,

RONALD L. STANTON, WILLIAM JOHNSON

AND VIVIEN JOHNSON, DEFENDANTS.


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 Erie on September 15, 2011,

Now, upon reading and filing the affirmations of Richard M. Scherer, Jr., Esq., dated May 2, 2012, and May 17, 2012, the notice of motion with proof of service thereof, and the affirmation of Marilyn A. Hochfield, Esq., dated May 16, 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 March 6, 2012, is hereby amended by deleting the date May 7, 2012, and inserting in its place the date June 14, 2012.

Entered: May 25, 2012

Frances E. Cafarell, Clerk