| JOSEPH A. RAIMONDI AND LISA M. RAIMONDI V JOSEPH C. FLASK, THE QUIKRETE COMPANIES, AND PENSKE TRUCK LEASING CO., L.P. |
| Motion No: CA 16-02203 |
| Slip Opinion No: 2017 NY Slip Op 72559(U) |
| Decided on April 27, 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 16-02203
| JOSEPH A. RAIMONDI AND LISA M. RAIMONDI,
PLAINTIFFS-RESPONDENTS, V JOSEPH C. FLASK, THE QUIKRETE COMPANIES, AND PENSKE TRUCK LEASING CO., L.P.,
DEFENDANTS-APPELLANTS. |
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 September 7, 2016, on the grounds that appellants failed to perfect timely the appeal, and respondents having cross-moved to dismiss the appeal on the ground that appellant failed to perfect timely the appeal and for other relief,
Now, upon reading and filing the affirmation of Destin C. Santacrose, Esq., datd April 6, 2017, the affidavit of Timothy G. O'Connell, Esq., sworn to April 17, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion is granted to the extent that the first ordering paragraph of the order of this Court entered February 7, 2017, hereby amended by deleting the date April 10, 2017, and inserting in its place the date June 9, 2017, and
It is further ORDERED that respondents' cross motion is denied.
Entered: April 27, 2017
Frances E. Cafarell, Clerk