| JIMMIE LARKE, III AND JUSTIN LARKE V TINA MCCARY MOORE, INDIVIDUALLY AND AS THE EXECUTRIX OF THE ESTATE OF MELVIN E. |
| Motion No: NOS. CA 15-01971 AND CA 16-00109 |
| Slip Opinion No: 2016 NY Slip Op 70368(U) |
| Decided on April 11, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NOS. CA 15-01971 AND CA 16-00109
| 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 amended orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 20, 2015 (appeal No. 1), and December 16, 2015 (appeal No. 2),
Now, upon reading and filing the affirmation of Joy A. Kendrick, Esq., dated March 19, 2016, the notice of motion with proof of service thereof, and the affidavit of Robert D. Steinhaus, Esq., sworn to March 30, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the second ordering paragraph of the order of this Court entered March 2, 2016, is hereby amended by deleting the date March 19, 2016, and inserting in its place the date May 18, 2016, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Memorandum: No further extensions of time to perfect appeal No. 1 will be granted.
Entered: April 11, 2016
Frances E. Cafarell, Clerk