| ACQUEST WEHRLE, LLC V TOWN OF AMHERST ACQUEST WEHRLE, LLC V TOWN OF AMHERST (APPEAL NO. 2.) |
| Motion No: CA 14-00117 |
| Slip Opinion No: 2014 NY Slip Op 86617(U) |
| Decided on October 9, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00117
DOCKET NO. CA 14-01436
| ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V
TOWN OF AMHERST, DEFENDANT-APPELLANT. (APPEAL NO. 1.) ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V TOWN OF
AMHERST, DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved for an extension of time to perfect the appeals taken herein from an order and judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2013, and November 26, 2013,
Now, upon reading and filing the affidavit of Alan P. McCracken, Esq., sworn to September 16, 2014, 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 shall perfect the appeals on or before November 3, 2014, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: October 9, 2014
Frances E. Cafarell, Clerk