| DAVID MADDEX AND YVONNE MADDEX V E.E. AUSTIN & SON, INC. |
| Motion No: CA 15-00896 |
| Slip Opinion No: 2015 NY Slip Op 75069(U) |
| Decided on June 2, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00896
| DAVID MADDEX AND YVONNE MADDEX, PLAINTIFFS-APPELLANTS, V
E.E. AUSTIN & SON, INC., DEFENDANT-RESPONDENT. |
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 March 18, 2015,
Now, upon reading and filing the affirmation of A. Peter Snodgrass, Esq., dated May 21, 2015, 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 appeal on or before June 24, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: June 2, 2015
Frances E. Cafarell, Clerk