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 86216(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.


October 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 Michael K. Walaszek and K.W. Auto & Sales, Inc. 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 Niagara on October 26, 2011,

Now, upon reading and filing the affirmation of Donna L. Burden, Esq., dated September 17, 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 is granted and appellants Michael K. Walaszek and K.W. Auto & Sales, Inc. shall perfect their appeals on or before December 28, 2012, and in the event of failure to so perfect, their appeals are dismissed without further order.

Entered: October 2, 2012

Frances E. Cafarell, Clerk