| STEVEN L. SCHUNK AND JAMIE SCHUNK V TOWN OF YORK AND COUNTY OF LIVINGSTON |
| Motion No: CA 20-00018 AND CA 20-00729 |
| Slip Opinion No: 2021 NY Slip Op 64781(U) |
| Decided on April 13, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 20-00018 AND CA 20-00729
| STEVEN L. SCHUNK AND JAMIE
SCHUNK, PLAINTIFFS-APPELLANTS, V TOWN OF YORK AND COUNTY OF
LIVINGSTON, DEFENDANTS-RESPONDENTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Livingston County, entered December 19, 2019 (appeal No. 1), and having moved for an extension of time to perfect the appeal taken herein from an order of the same court entered on June 5, 2020 (appeal No. 2),
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 insofar as it seeks to vacate the dismissal of appeal No. 1 on the condition that the appeal is perfected on or before May 17, 2021, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal No. 2, and the time to perfect is extended to May 17, 2021, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 13, 2021
Mark W. Bennett
Clerk of the Court