| LINCOLN TRUST AS CUSTODIAN FOR DANIEL ELSTEIN, MD ROLLOVER IRA AND DANIEL ELSTEIN INDIVIDUALLY AND AS BENEFICIAL OWNER |
| Motion No: CA 13-00907 |
| Slip Opinion No: 2013 NY Slip Op 75949(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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 13-00907
| LINCOLN TRUST AS CUSTODIAN FOR DANIEL ELSTEIN, MD
ROLLOVER IRA AND DANIEL ELSTEIN INDIVIDUALLY AND AS BENEFICIAL OWNER OF LINCOLN TRUST, PLAINTIFFS-APPELLANTS,
V ALFRED D. SPAZIANO, DEFENDANT, ALBERT M. MERCURY AND PHILLIPS, LYTLE, HITCHCOCK, BLAINE AND HUBER, LLP,
DEFENDANTS-RESPONDENTS. |
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 Onondaga on March 8, 2013,
Now, upon reading and filing the affirmation of David L. Rasmussen, Esq., dated May 21, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: June 4, 2013
Frances E. Cafarell, Clerk