| 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 75934(U) |
| Decided on June 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. |
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 to proceed without a signed stipulation to the record on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Allegany on March 20, 2012, and having moved for other relief,
Now, upon reading and filing the affidavit of Paul R. Banko and Linda Banko sworn to April 19, 2013, the notice of motion with proof of service thereof, and the affidavit of Lawrence LeClair, Esq., sworn to May 6, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: June 4, 2013
Frances E. Cafarell, Clerk