| PAUL SIEMUCHA V ROBERT D. GARRISON AND CLARNELL HENDERSON |
| Motion No: CA 12-01126 |
| Slip Opinion No: 2012 NY Slip Op 79917(U) |
| Decided on July 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. |
PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 12-01126
| PAUL SIEMUCHA, PLAINTIFF-RESPONDENT, V ROBERT D. GARRISON AND
CLARNELL HENDERSON, DEFENDANTS-APPELLANTS. |
Appellents having moved for an extension of time to serve their notice of appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 17, 2012, pursuant to CPLR 5520 (a) or, in the alternative, an order deeming appellants' service of their notice of appeal on June 4, 2012, to be acceptable,
Now, upon reading and filing the affirmation of Joshua P. Rubin, Esq., dated June 15, 2012, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to June 27, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the notice of appeal is deemed to have been timely served (see CPLR 5520 [a]).
Entered: July 25, 2012
Frances E. Cafarell, Clerk