| JOSEPH HARTNETT AND MARIKA HARTNETT V COLDWELL BANKER AUBREY LEONARD JOSEPH HARTNETT AND MARIKA HARTNETT V MARCIA |
| Motion No: CA 18-01729 |
| Slip Opinion No: 2018 NY Slip Op 85346(U) |
| Decided on October 1, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-01729
DOCKET NO. CA 18-01730
DOCKET NO. CA 18-01731
DOCKET NO. CA 18-01732
DOCKET NO. CA 18-01733
| JOSEPH HARTNETT AND MARIKA HARTNETT, PLAINTIFFS-APPELLANTS,
V COLDWELL BANKER AUBREY LEONARD, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) JOSEPH HARTNETT AND MARIKA HARTNETT,
PLAINTIFFS-APPELLANTS. V MARCIA KELLER, IN HER CAPACITY AS A REAL ESTATE AGENT FOR COLWELL BANKER AUBREY LEONARD,
DEFENDANT-RESPONDENT, (APPEAL NO. 2.) JOSEPH HARTNETT AND MARIKA HARTNETT, PLAINTIFFS-APPELLANTS, V TRACY STRYCHARZI,
DEFENDANT-RESPONDENT. (APPEAL NO. 3.) JOSEPH HARTNETT AND MARIKA HARTNETT, PLAINTIFFS-APPELLANTS, V HUNT REAL ESTATE
CORPORATION AND BEATRICE DUNWOODIE, IN HER CAPACITY AS A REAL ESTATE AGENT FOR HUNT REAL ESTATE CORPORATION,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 4.) JOSEPH HARTNETT AND MARIKA HARTNETT, PLAINTIFFS-APPELLANTS-RESPONDENTS,
V MICHAEL ZUCHOWSKI, DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 5.) |
Plaintiffs 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 October 12, 2017 (appeal No. 1), October 18, 2017 (appeal No. 2), October 24, 2017 (appeal No. 3), October 20, 2017 (appeal No. 4), and December 4, 2017, and for other relief,
Now, upon reading and filing the affirmation of Joseph G. Makowski, Esq., dated September 13, 2018, the notice of motion with proof of service thereof, and the affirmation of Joseph G. Goergen, II, Esq., dated September 14, 2018, 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 Nos. 1, 2, and 3 is dismissed without prejudice to a motion to vacate dismissal of the appeals (see 22 NYCRR 1250.10 [c]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 4 and 5 is granted, and plaintiff shall perfect those appeals on or before November 30, 2018, and, in the event of failure to so perfect, appeal Nos. 4 and 5 are hereby dismissed without further order.
Entered: October 1, 2018
Mark W. Bennett, Clerk