ACQUEST WEHRLE, LLC V TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI, WILLIAM L. KINDEL, MICHAEL G. MCGUIRE
Motion No: CA 13-00503
Slip Opinion No: 2013 NY Slip Op 81184(U)
Decided on July 31, 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 31, 2013

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

DOCKET NO. CA 13-00503

ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT,

V

TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI,

WILLIAM L. KINDEL, MICHAEL G. MCGUIRE, SHELLY SCHRATZ,

DANIEL J. WARD, MARK A. MANNA, DEFENDANTS-APPELLANTS,

BARRY A. WEINSTEIN AND GUY M. MARLETTE, DEFENDANTS.


Appellant Town of Amherst 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 Erie on October 16, 2012,

Now, upon reading and filing the affidavit of Alan P. McCracken, Esq., sworn to July 9, 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 Town of Amherst shall perfect the appeal on or before October 15, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 31, 2013

Frances E. Cafarell, Clerk