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

DOCKET NO. CA 12-01668

PAUL BANKO AND LINDA BANKO, PLAINTIFFS-APPELLANTS, V COUNTRY CLUB HOMES, L.L.C. & FOREST RIVER HOUSING, INC., AS SUCCESSOR TO HART HOUSING GROUP, DEFENDANTS-RESPONDENTS. COUNTRY CLUB HOMES, L.L.C., THIRD-PARTY PLAINTIFF, V FOREST RIVER HOUSING, INC., AS SUCCESSOR TO HART HOUSING GROUP, THIRD-PARTY DEFENDANT.

Appellants 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 Allegany on March 20, 2012, and for permission to perfect the appeal on less than the required number of records,

Now, upon reading and filing the affidavit of Paul Banko and Linda Banko sworn to November 23, 2012, the notice of motion with proof of service thereof, and the statement of Lawrence LeClair, Esq., dated December 5, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted to the extent that the second ordering paragraph of the order of this Court entered October 24, 2012, is hereby amended by deleting the date December 26, 2012, and inserting in its place the date February 25, 2013, and the motion is otherwise denied without prejudice to making a new motion to proceed on a lesser number of records made in compliance with 22 NYCRR 1000.14 (a) (1) (see 22 NYCRR 1000.15 [b]).

Entered: January 7, 2013

Frances E. Cafarell, Clerk