| ROGER D. ELWELL AND KATHLEEN J. ELWELL V ROBERT SHUMAKER AND MARJORIE SHUMAKER |
| Motion No: CA 17-00210 |
| Slip Opinion No: 2017 NY Slip Op 63773(U) |
| Decided on February 6, 2017 |
| 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 NO. CA 17-00210
| ROGER D. ELWELL AND KATHLEEN J. ELWELL, PLAINTIFFS-APPELLANTS,
V ROBERT SHUMAKER AND MARJORIE SHUMAKER, DEFENDANTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on March 17, 2016,
Now, upon reading and filing the affirmation of Michael J. Wrona, Esq., received January 27, 2017, 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 March 28, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 6, 2017
Frances E. Cafarell, Clerk