CHRISTOPHER A. MILCZARSKI, AS ADMINISTRATOR OF THE ESTATE OF MARK A. MILCZARSKI, DECEASED V STEPHEN CATONE DOING
Motion No: CA 12-01323
Slip Opinion No: 2012 NY Slip Op 80528(U)
Decided on August 2, 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.


August 2, 2012

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

DOCKET NO. CA 12-01323

CHRISTOPHER A. MILCZARSKI, AS ADMINISTRATOR OF

THE ESTATE OF MARK A. MILCZARSKI, DECEASED,

PLAINTIFF-RESPONDENT,

V

STEPHEN CATONE DOING BUSINESS AS PAPA JOE'S PIZZA COMPANY,

MICHAEL K. WALASZEK, K.W. AUTO & SALES INC.,

DEFENDANTS-APPELLANTS,

AND JASON LEWIS, DEFENDANT,


Appellants having separately moved for an extension of time to perfect their appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 26, 2011,

Now, upon reading and filing the affirmation of Donna L. Burden, Esq., dated July 16, 2012, the affirmation of John Wallace, Esq., dated July 20, 2012, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appellants shall perfect their appeals on or before October 29, 2012, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: August 2, 2012

Frances E. Cafarell, Clerk