CARRIE MARX, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JUDITH B. MARX, DECEASED, AND PATRIC A. MARX V LYNN M.
Motion No: CA 15-00715
Slip Opinion No: 2015 NY Slip Op 72381(U)
Decided on May 6, 2015
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.


May 6, 2015

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

DOCKET NO. CA 15-00715

CARRIE MARX, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE

ESTATE OF JUDITH B. MARX, DECEASED, AND PATRIC A. MARX,

PLAINTIFFS-APPELLANTS,

V

LYNN M. KESSLER AND BERNARD M. SHEVLIN,

DEFENDANTS-RESPONDENTS.

KEITH A. MARX, PLAINTIFF-RESPONDENT.

V

LYNN M. KESSLER AND BERNARD M. SHEVLIN,

DEFENDANTS-RESPONDENTS.


Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 17, 2015,

Now, upon reading and filing the affidavit of Herschel Gelber, Esq., sworn to April 17, 2015, 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 appeal on or before July 6, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: May 6, 2015

Frances E. Cafarell, Clerk