| MARK SMUKALL AND DIANE SMUKALL V DOLLAR TREE STORES, INC. DENTO, INC., DENT ENTERPRISES, INC., STEVEN M. SAILING, DOING |
| Motion No: CA 17-00255 |
| Slip Opinion No: 2017 NY Slip Op 80390(U) |
| Decided on July 18, 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 17-00255
| MARK SMUKALL AND DIANE SMUKALL, PLAINTIFFS-APPELLANTS, V
DOLLAR TREE STORES, INC., DEFENDANT-APPELLANT, DENTO, INC., DENT ENTERPRISES, INC., STEVEN M. SAILING, DOING BUSINESS AS B. SAILING SITE &
LANDSCAPE CONTRACTOR AND B. SAILING SITE & LANDSCAPE CONTRACTOR, INC.,
DEFENDANTS-RESPONDENTS. |
Appellants Mark Smukall and Diane Smukall 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 August 30, 2016,
Now, upon reading and filing the affidavit of Lawlor F. Quinlan, III, Esq., sworn to June 30, 2017, the notice of motion with proof of service thereof, the affidavit of V. Christopher Potenza, Esq., sworn to July 13, 2017, the affidavit of Erin E. Molisani, Esq., sworn to July 13, 2017, and the affidavit of Jennifer J. Phillips, Esq., sworn to July 13, 2017, 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 July 31, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 18, 2017
Frances E. Cafarell, Clerk