| JIMMIE LARKE, III AND JUSTIN LARKE V TINA MCCARY MOORE, INDIVIDUALLY AND AS THE EXECUTRIX OF THE ESTATE OF MELVIN E. |
| Motion No: CA 15-01971 |
| Slip Opinion No: 2015 NY Slip Op 93798(U) |
| Decided on December 15, 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 15-01971
| JIMMIE LARKE, III AND JUSTIN LARKE, PLAINTIFFS-APPELLANTS, V TINA
MCCARY MOORE, INDIVIDUALLY AND AS THE EXECUTRIX OF THE ESTATE OF MELVIN E. MOORE, DECEASED, ING RELIASTAR LIFE INSURANCE COMPANY,
ING U.S. INC., ALSO KNOWN AS VOGA FINANCIAL, INC., 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 January 20, 2015,
Now, upon reading and filing the affirmation of Joy A. Kendrick, Esq., dated November 18, 2015, the notice of motion with proof of service thereof, the affirmation of Robert D. Steinhaus, Esq., received December 4, 2015, and the affirmation of Michael K. Dvorkin, Esq., dated December 4, 2015, 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 January 19, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 15, 2015
Frances E. Cafarell, Clerk