BRIAN HORST AND GEORGIE HORST, INDIVIDUALLY AND AS PARENTS AND GUARDIANS OF JENNIFER A. HAM AND VERNON HORST, V GERALD
Motion No: CA 13-00054
Slip Opinion No: 2013 NY Slip Op 63171(U)
Decided on January 28, 2013
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.


January 28, 2013

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

DOCKET NO. CA 13-00054

BRIAN HORST AND GEORGIE HORST, INDIVIDUALLY AND AS PARENTS

AND GUARDIANS OF JENNIFER A. HAM AND VERNON HORST,

PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

GERALD J. GLOGOWSKI, DEFENDANT-RESPONDENT,

AND JOHN T. NOTHNAGLE, INC., DOING BUSINESS AS NOTHNAGLE

REALTORS, DEFENDANT-APPELLANT-RESPONDENT.


Appellant John T. Nothnagle, Inc. doing business as Nothnagle Realtors 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 Orleans on March 14, 2012,

Now, upon reading and filing the affidavit of Thomas W. Bender, Esq., sworn to January 9, 2013, 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 to the extent that John T. Nothnagle, Inc. doing business as Nothnagle Realtors shall perfect its appeal on or before March 11, 2013, and, in the event of failure to so perfect, that appeal is hereby dismissed without further order.

Entered: January 28, 2013

Frances E. Cafarell, Clerk