THOMAS J. PIERONI, WINCHESTER AUTO RETAIL, INC., MPDK, LLC DOING BUSINESS AS ADOBE CAR & TRUCK RENTAL OF TUCSON, ADOBE
Motion No: CA 13-00277
Slip Opinion No: 2013 NY Slip Op 78337(U)
Decided on June 20, 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.


June 20, 2013

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

DOCKET NO. CA 13-00277

THOMAS J. PIERONI, WINCHESTER AUTO RETAIL, INC.,

MPDK, LLC DOING BUSINESS AS ADOBE CAR & TRUCK RENTAL OF

TUCSON, ADOBE CAR & VAN RENTAL OF TUCSON AND/OR ADOBE CAR

AND VAN RENTALS, BENTLEY HOLDINGS, INC. DOING BUSINESS AS

AUTOMOTIVE FLEET LEASING CO., PLAINTIFFS-APPELLANTS,

V

FORD MOTOR CREDIT COMPANY LLC, DEFENDANT-RESPONDENT.


Appellants having moved for a stay of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 18, 2012, pending the hearing and determination of the appeal taken herein, for an extension of the time to perfect the appeal with respect to those parties not covered by a bankruptcy stay, and for other relief,

Now, upon reading and filing the affidavit of B.P. Oliverio, Esq., sworn to May 30, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal with respect to those parties not covered by a bankruptcy stay is granted, and appellants shall perfect the appeal on or before August 19, 2013, and in the event of failure to so perfect, the appeal is dismissed without further order, and

It is further ORDERED that motion is otherwise denied.

Entered: June 20, 2013

Frances E. Cafarell, Clerk