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

DOCKET NO. CA 13-01289

MARITZA RACHLIN AND DENNIS R. RACHLIN, PLAINTIFFS-RESPONDENTS, V MICHAELS ARTS & CRAFTS, MICHAELS STORES, INC., DEFENDANTS-RESPONDENTS AND BOULEVARD MALL EXPANSION, LLC, DEFENDANT-APPELLANT. MICHAELS ARTS & CRAFTS, MICHAELS STORES, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS, V BOULEVARD MALL EXPANSION, LLC, THIRD-PARTY DEFENDANT-APPELLANT. BOULEVARD MALL EXPANSION, LLC, FOURTH-PARTY PLAINTIFF-APPELLANT, V JAMESON ROOFING COMPANY AND CARLISLE SYNTEC INCORPORATED, FOURTH-PARTY DEFENDANTS-RESPONDENTS.

Appellant Boulevard Mall Expansion, LLC having moved, pursuant to CPLR 5520 (c), for an order deeming the appeal taken from a memorandum decision of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 2, 2012, to be a valid appeal from an order entered October 12, 2012, and having moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of Brian R. Biggie, Esq., dated July 16, 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 insofar as it seeks to have this Court treat the notice of appeal dated October 22, 2012, as a valid notice of appeal from the order entered October 12, 2012, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, and appellant shall perfect the appeal on or before September 23, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: August 23, 2013

Frances E. Cafarell, Clerk