| ROGER PASQUARELLA AND 2030 ELMWOOD AVENUE, INC. V 1525 WILLIAM STREET, LLC |
| Motion No: CA 13-01334 |
| Slip Opinion No: 2013 NY Slip Op 83696(U) |
| Decided on August 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-01334
| ROGER PASQUARELLA AND 2030 ELMWOOD AVENUE, INC.,
PLAINTIFFS-RESPONDENTS, V 1525 WILLIAM STREET, LLC, DEFENDANT-APPELLANT. |
Appellant having moved, pursuant to CPLR 5520 (a), for an extension of time to serve the notice of appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on May 23, 2013,
Now, upon reading and filing the affidavit of Richard J. Steiner, Esq., sworn to July 26, 2013, the affidavit of Linda Butryn sworn to July 26, 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 the notice of appeal is deemed to have been timely served on June 25, 2013.
Entered: August 23, 2013
Frances E. Cafarell, Clerk