| BRIAN ROGERS AND ELIZABETH ROGERS V FRANK HEARY RONALD A. WITTMEYER, JR. AND PATRICIA A. WITTMEYER |
| Motion No: CA 13-00850 |
| Slip Opinion No: 2013 NY Slip Op 75956(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 13-00850
| BRIAN ROGERS AND ELIZABETH ROGERS,
PLAINTIFFS-APPELLANTS, V FRANK HEARY, DEFENDANT, RONALD A. WITTMEYER, JR. AND PATRICIA A. WITTMEYER,
DEFENDANTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 31, 2013,
Now, upon reading and filing the affidavit of Brian D. Baird, Esq., sworn to May 10, 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