JAMES C. LOWES, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF SUSAN R. LOWES, DECEASED V ALEXANDROS ANAS AND TINA
Motion No: CA 20-00431 AND CA 20-00432
Slip Opinion No: 2020 NY Slip Op 67662(U)
Decided on March 13, 2020
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.


March 13, 2020

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

CA 20-00431 AND CA 20-00432

JAMES C. LOWES, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE

ESTATE OF SUSAN R. LOWES, DECEASED, PLAINTIFF-RESPONDENT,

V

ALEXANDROS ANAS AND TINA COLAIZZO-ANAS,

DEFENDANTS-APPELLANTS.


Appellants having applied for an extension of time to perfect the appeals taken herein from orders of the Supreme Court, Erie County, entered September 17, 2019 (docket No. CA 20-00431), and November 26, 2020 (docket No. CA 20-00432)

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the application insofar as it seeks an extension of time to perfect the appeal taken from the order entered September 17, 2019, is granted, the time to perfect the appeal is extended to May 26, 2020, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the application insofar as it seeks an extension of time to perfect the appeal taken from the order entered November 26, 2019, is dismissed as premature (see 22 NYCRR 1250.10 [a]).

Entered: March 13, 2020

Mark W. Bennett

Clerk of the Court