JOHN O. PROVENS AND JENNIFER PROVENS, V BEN-FALL DEVELOPMENT, LLC, MARC-MAR HOMES, INC., , DAVID ALEN SATTORA, DOING
Motion No: CA 17-02123
Slip Opinion No: 2018 NY Slip Op 60844(U)
Decided on January 9, 2018
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.


January 9, 2018

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

DOCKET NO. CA 17-02123

JOHN O. PROVENS AND JENNIFER PROVENS,

PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

BEN-FALL DEVELOPMENT, LLC, MARC-MAR HOMES, INC.,

DEFENDANTS-APPELLANTS-RESPONDENTS,

DAVID ALEN SATTORA, DOING BUSINESS AS DAVID SATTORA SIDING,

DEFENDANT-RESPONDENT-APPELLANT.


Appellants Ben-Fall Development, LLC and Marc-Mar Homes, Inc. 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 Monroe on September 27, 2017,

Now, upon reading and filing the affirmation of Michael M. Chelus, Esq., dated December 5, 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 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: January 9, 2018

Mark W. Bennett, Clerk