STATE BANK OF TEXAS V KAANAM, LLC MILIND K. OZA AND NAYNA M. OZA STATE BANK OF TEXAS V KAANAM, LLC MILIND K. OZA AND
Motion No: CA 13-01125
Slip Opinion No: 2013 NY Slip Op 85727(U)
Decided on September 13, 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.


September 13, 2013

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

DOCKET NO. CA 13-01125
DOCKET NO. CA 13-01126

STATE BANK OF TEXAS, PLAINTIFF-RESPONDENT,

V

KAANAM, LLC, DEFENDANT,

MILIND K. OZA AND NAYNA M. OZA, DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

STATE BANK OF TEXAS, PLAINTIFF-RESPONDENT,

V

KAANAM, LLC, DEFENDANT,

MILIND K. OZA AND NAYNA M. OZA, DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)


Appellants having moved for clarification of this Court's order entered July 18, 2013, denying respondent's motion to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on September 25, 2012, and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Carl E. Person, Esq., dated August 14, 2013, the notice of motion with proof of service thereof, and the affidavit of Michael J. Willett, Esq., sworn to August 23, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks clarification of this Court's order entered July 18, 2013, is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is granted to the extent that the dismissals of the appeals taken herein from the orders entered September 25, 2013, are vacated on the condition that the appeals are perfected on or before November 12, 2013.

Entered: September 13, 2013

Frances E. Cafarell, Clerk