PAUL BANKO AND LINDA BANKO V COUNTRY CLUB HOMES, L.L.C. & FOREST RIVER HOUSING, INC., AS SUCCESSOR TO HART HOUSING
Motion No: CA 12-01668
Slip Opinion No: 2013 NY Slip Op 66537(U)
Decided on March 4, 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.


March 4, 2013

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,

Now, upon reading and filing the affidavit of Linda Banko and Paul Banko sworn to February 4, 2013, the notice of motion with proof of service thereof, and the affidavit of Lawrence LeClair, Esq., sworn to February 6, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered January 7, 2013, is hereby amended by deleting the date February 25, 2013, and inserting in its place the date May 3, 2013.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: March 4, 2013

Frances E. Cafarell, Clerk