| CROWN ENERGY SERVICES, INC. AND ROGER J. PECK, JR. V ROBERT F. HERRON CROWN ENERGY SERVICES, INC. AND ROGER J. PECK |
| Motion No: CA 14-01290 |
| Slip Opinion No: 2014 NY Slip Op 81979(U) |
| Decided on August 27, 2014 |
| 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., PERADOTTO, LINDLEY, AND WHALEN, JJ.
DOCKET NO. CA 14-01290
DOCKET NO. CA 14-01291
| CROWN ENERGY SERVICES, INC. AND ROGER J. PECK, JR.,
PLAINTIFFS-APPELLANTS, V ROBERT F. HERRON, DEFENDANT-RESPONDENT. CROWN ENERGY SERVICES, INC. AND ROGER J. PECK,
JR., PLAINTIFFS-APPELLANTS, V ROBERT F. HERRON, DEFENDANT-RESPONDENT. |
Appellants having moved to withdraw the appeals without prejudice or, in the alternative, 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 September 18, 2013,
Now, upon reading and filing the affirmation of Mitchell J. Banas, Jr., Esq., dated July 18, 2014, the notice of motion with proof of service thereof, and the affirmation of Warren B. Rosenbaum, Esq., dated July 25, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to withdraw the appeals, and the appeals are deemed withdrawn without prejudice to seeking review of the underlying orders entered September 18, 2013, upon an appeal from any final judgment in this action, if such review is available at that time.
Entered: August 27, 2014
Frances E. Cafarell, Clerk