HEATHER MCCARTHY JAMES MCCARTHY AND CHERYL MCCARTHY V ORLEANS COUNTY VILLAGE OF ALBION, RONALD VENDETTI VILLAGE BOARD
Motion No: CA 17-01401
Slip Opinion No: 2017 NY Slip Op 89541(U)
Decided on October 16, 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.


October 16, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-01401

HEATHER MCCARTHY, ET AL., JAMES MCCARTHY AND CHERYL

MCCARTHY, PLAINTIFFS-APPELLANTS,

V

ORLEANS COUNTY, VILLAGE OF ALBION, RONALD VENDETTI,

VILLAGE BOARD OF TRUSTEES, EDWARD SALVATORE,

GARY KATSANIS, ET AL., DEFENDANTS-RESPONDENTS.


Appellant Heather McCarthy 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 Orleans on October 5, 2016,

Now, upon reading and filing the affidavit of Heather McCarthy sworn to September 11, 2017, the notice of motion with proof of service thereof, and the affirmation of Brittany A. Jones, Esq., dated October 5, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: October 16, 2017

Mark W. Bennett, Clerk