| IN THE MATTER OF GREEN THUMB LAWN CARE, INC. AND JOHN KNUTSON V PETER M. IWANOWICZ, ACTING COMMISSIONER, NEW YORK STATE |
| Motion No: CA 12-01132 |
| Slip Opinion No: 2012 NY Slip Op 82307(U) |
| Decided on August 22, 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01132
DOCKET NO. CA 12-01133
| IN THE MATTER OF GREEN THUMB LAWN CARE, INC. AND JOHN
KNUTSON, PETITIONERS-APPELLANTS, V PETER M. IWANOWICZ, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, RESPONDENT-RESPONDENT. (APPEAL NO. 1.) IN THE MATTER OF GREEN THUMB LAWN CARE,
INC. AND JOHN KNUTSON, PHD., PETITIONERS-APPELLANTS, V NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, RESPONDENT-RESPONDENT. (APPEAL NO. 2.) |
Appellants having moved for an extension of time to perfect the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 13, 2011 (appeal No. 1), and April 18, 2012 (appeal No. 2),
Now, upon reading and filing the affirmation of Alan J. Pierce, Esq., dated August 2, 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 an extension of time to perfect appeal No. 1 is granted and appellant shall perfect the appeal on or before October 1, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: August 22, 2012
Frances E. Cafarell, Clerk