| RBS CITIZENS, N.A. FORMERLY KNOWN AS CITIZENS BANK, N.A. V 81 FRONT STREET DEVELOPMENT, LLC AND PHILIP J. SIMAO |
| Motion No: CA 17-01119 |
| Slip Opinion No: 2017 NY Slip Op 78580(U) |
| Decided on June 26, 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 17-01119
| RBS CITIZENS, N.A. FORMERLY KNOWN AS CITIZENS BANK, N.A.,
PLAINTIFF-RESPONDENT, V 81 FRONT STREET DEVELOPMENT, LLC AND PHILIP J. SIMAO,
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 Jefferson on July 22, 2016,
Now, upon reading and filing the affidavit of David C. Temes, Esq., sworn to June 8, 2017, the notice of motion with proof of service thereof, and the affirmation of Jason A. Nagi, Esq., dated June 23, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: June 26, 2017
Frances E. Cafarell, Clerk