| ALFRED E. EASTON, JR. AND JANET EASTON V M.A. MORTENSON COMPANY, MODERN MOSAIC LIMITED, HARBORCENTER DEVELOPMENT LLC, - |
| Motion No: NOS. CA 17-01009 |
| Slip Opinion No: 2017 NY Slip Op 79817(U) |
| Decided on July 10, 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: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY
DOCKET NOS. CA 17-01009
| ALFRED E. EASTON, JR. AND JANET EASTON, PLAINTIFFS-APPELLANTS,
V M.A. MORTENSON COMPANY, MODERN MOSAIC LIMITED, HARBORCENTER DEVELOPMENT LLC, DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANT. M.A. MORTENSON COMPANY AND HARBORCENTER DEVELOPMENT, LLC, THIRD-PARTY PLAINTIFFS, V PRECAST SERVICES INC.,
THIRD-PARTY DEFENDANT-RESPONDENT. |
Appellants having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 19, 2016, and April 3, 2017,
Now, upon reading and filing the affirmation of Alan D. Voos, Esq., dated June 29, 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 insofar as it seeks an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before October 2, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 10, 2017
Frances E. Cafarell, Clerk