CLIFFORD WALLER, III, ADMINISTRATOR CTA OF THE ESTATE OF CHARLIE BELLE HAM V JOY A. KENDRICK, ESQ. AND LOLA M. BANKS

CLIFFORD WALLER, III, ADMINISTRATOR CTA OF THE ESTATE OF CHARLIE BELLE HAM V JOY A. KENDRICK, ESQ. AND LOLA M. BANKS

Motion No: CA 13-01232

Slip Opinion No: 2013 NY Slip Op 80635(U)

Decided on July 23, 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.

July 23, 2013

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

DOCKET NO. CA 13-01232
DOCKET NO. CA 13-01233

CLIFFORD WALLER, III, ADMINISTRATOR CTA OF THE ESTATE OF
CHARLIE BELLE HAM, PLAINTIFF-RESPONDENT,
V
JOY A. KENDRICK, ESQ. AND LOLA M. BANKS,
DEFENDANTS-APPELLANTS.
(APPEAL NO. 1.)
CLIFFORD WALLER, III, ADMINISTRATOR CTA OF THE ESTATE OF
CHARLIE BELLE HAM, PLAINTIFF-RESPONDENT,
V
JOY A. KENDRICK, ESQ. AND LOLA M. BANKS,
DEFENDANTS-APPELLANTS.
(APPEAL NO. 2.)

Appellants having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 29, 2012,

Now, upon reading and filing the affidavit of Joy A. Kendrick, Esq., sworn to June 28, 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 granted and appellant shall perfect the appeal on or before September 3, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 23, 2013

Frances E. Cafarell, Clerk