| LEONARD E. RIEDL CONSTRUCTION, INC. V MICHAEL HOMEYER AND CLARA HOMEYER |
| Motion No: CA 12-01715 |
| Slip Opinion No: 2012 NY Slip Op 86212(U) |
| Decided on October 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01715
| LEONARD E. RIEDL CONSTRUCTION, INC.,
PLAINTIFF-RESPONDENT, V MICHAEL HOMEYER AND CLARA HOMEYER,
DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 28, 2011, and
Respondent having cross-moved to dismiss the appeal from the order entered November 28, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Dirk J. Oudemool, Esq., sworn to September 12, 2012, the affidavit of Mark D. Goris, Esq., sworn to September 17, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion is granted and appellants shall perfect their appeal on or before October 15, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondent's cross motion is denied.
Entered: October 2, 2012
Frances E. Cafarell, Clerk