DINAH LEE JARGIELLO V AYER DEVELOPMENT, LLC, DENNIS AYER, BONITA AYER, , EVENSONG MANAGEMENT, INC. THE ESTATE OF NATHAN
Motion No: CA 20-00085
Slip Opinion No: 2020 NY Slip Op 70254(U)
Decided on August 18, 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.


August 18, 2020

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

CA 20-00085

DINAH LEE JARGIELLO, PLAINTIFF-RESPONDENT,

V

AYER DEVELOPMENT, LLC, DENNIS AYER, BONITA AYER,

DEFENDANTS-RESPONDENTS-APPELLANTS,

EVENSONG MANAGEMENT, INC., DEFENDANT-RESPONDENT,

THE ESTATE OF NATHAN BENDERSON, DECEASED, AND

BENDERSON DEVELOPMENT COMPANY, LLC, DEFENDANTS-APPELLANTS.


Defendants-appellants Estate of Nathan Benderson and Benderson Development Company, LLC having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered January 3, 2020, and defendants-respondents-appellants Ayer Development, LLC, Dennis Ayer, and Bonita Ayer having cross-moved for an extension of time to perfect the cross appeal,

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

It is hereby ORDERED that the motion and cross motion are dismissed without prejudice to motions to vacate the dismissal of the appeals (see 22 NYCRR 1250.10 [c]).

Entered: August 18, 2020

Mark W. Bennett

Clerk of the Court