| 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 72109(U) |
| Decided on September 8, 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. |
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 having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered January 3, 2020, and defendants-respondents-appellants having cross-moved to vacate dismissal of the cross appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that defendants-appellants' motion is granted on the condition that the appeal is perfected on or before November 9, 2020, and
It is further ORDERED that defendants-respondents-appellants's cross motion is granted, and the time to file and serve a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to December 9, 2020.
Entered: September 8, 2020
Mark W. Bennett
Clerk of the Court