JAMES KAVANAUGH, HELEN KAVANAUGH, AND MATTHEW G. KAVANAUGH V MARTHA KAVANAUGH, AND MARY ELLEN KAVANAUGH NEIL KAVANAUGH
Motion No: CA 20-01024
Slip Opinion No: 2021 NY Slip Op 61684(U)
Decided on February 5, 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 5, 2021

PRESENT: SMITH, J.P., CENTRA, PERADOTTO, AND LINDLEY, AND NEMOYER, JJ.

CA 20-01024

JAMES KAVANAUGH, HELEN KAVANAUGH, AND

MATTHEW G. KAVANAUGH, PLAINTIFFS-APPELLANTS,

V

MARTHA KAVANAUGH, AND MARY ELLEN KAVANAUGH,

DEFENDANTS-RESPONDENTS,

NEIL KAVANAUGH, CONSUMERS BEVERAGES, INC., AND

KAVCON DEVELOPMENT LLC, DEFENDANTS-RESPONDENTS-APPELLANTS.


Defendants Consumers Beverages, Inc. and Kavcon

Development LLC having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered June 5, 2020,

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 granted on the condition that the appeal is perfected on or before April 5, 2021.

Entered: February 5, 2021

Mark W. Bennett

Clerk of the Court