JIMMIE LARKE, III, AND JUSTIN LARKE V TINA MCCARY MOORE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MELVIN E.
Motion No: CA 20-00620
Slip Opinion No: 2021 NY Slip Op 61304(U)
Decided on February 2, 2021
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.


February 2, 2021

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

CA 20-00620

JIMMIE LARKE, III, AND JUSTIN LARKE, PLAINTIFFS-APPELLANTS,

V

TINA MCCARY MOORE, INDIVIDUALLY AND AS EXECUTRIX OF THE

ESTATE OF MELVIN E. MOORE, DECEASED, DEFENDANT, ING

RELIASTAR LIFE INSURANCE COMPANY, AND ING U.S. INC., ALSO

KNOWN AS VOGA FINANCIAL, INC., DEFENDANTS-RESPONDENTS.


Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered September 3, 2019,

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

It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate the dismissal of the appeal (see 22 NYCRR 1250.10 [c]).

Entered: February 2, 2021

Mark W. Bennett

Clerk of the Court