| ALFRED E. EASTON, JR. AND JANET EASTON V M.A. MORTENSON COMPANY, MODERN MOSAIC LIMITED, HARBORCENTER DEVELOPMENT LLC, - |
| Motion No: NOS. CA 17-01009 AND CA 17-01010 |
| Slip Opinion No: 2017 NY Slip Op 88164(U) |
| Decided on October 2, 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, JJ.
DOCKET NOS. CA 17-01009 AND CA 17-01010
| 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-APPELLANT. |
Plaintiffs-appellants Alfred E. Easton, Jr. and Janet Easton 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 (appeal No. 1), and April 3, 2017 (appeal No. 2),
Now, upon reading and filing the affirmation of Alan D. Voos, Esq., dated September 15, 2017, the notice of motion with proof of service thereof, and the statement of David R. Adams, Esq., dated September 26, 2017, 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 to the extent that the ordering paragraph of the order of this Court entered July 10, 2017, is hereby amended by deleting the date October 2, 2017, and inserting in its place the date December 1, 2017, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: October 2, 2017
Mark W. Bennett, Clerk