RJW ENTERPRISES, INC. A DIVISION OF PRIMALYN ENTERPRISES, INC. V P.J. SIMAO, LIBERTY SACKETTS HARBOR LLC, IVES HILL
Motion No: CA 15-02060
Slip Opinion No: 2015 NY Slip Op 94837(U)
Decided on December 21, 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.


December 21, 2015

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

DOCKET NO. CA 15-02060

RJW ENTERPRISES, INC. A DIVISION OF PRIMALYN ENTERPRISES,

INC., PLAINTIFF-RESPONDENT,

V

P.J. SIMAO, LIBERTY SACKETTS HARBOR LLC, IVES HILL COUNTRY

CLUB, LLC, DEFENDANTS-APPELLANTS,

CCM FLOORING CORP., AND NRF DISTRIBUTORS, INC., DEFENDANTS.


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 Monroe on February 12, 2015,

Now, upon reading and filing the affidavit of David C. Temes, Esq., sworn to December 8, 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 January 29, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and the motion is otherwise denied.

Entered: December 21, 2015

Frances E. Cafarell, Clerk