DAVID KAPLAN AND LUELLA KAPLAN V MENLO REALTY INCOME PROPERTIES 28,LLC, NOW KNOWN AS REALTY INCOME PROPERTIES 28, LLC
Motion No: CA 22-00391
Slip Opinion No: 2022 NY Slip Op 72710(U)
Decided on October 3, 2022
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.


October 3, 2022

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

CA 22-00391

DAVID KAPLAN AND LUELLA KAPLAN, PLAINTIFFS-APPELLANTS,

V

MENLO REALTY INCOME PROPERTIES 28,LLC, NOW KNOWN

AS REALTY INCOME PROPERTIES 28, LLC, REALTY INCOME

CORPORATION, DEFENDANTS-APPELLANTS,

ALLIED BUILDERS, INC., BRUCE RONAYNE HAMILTON ARCHITECTS,

INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.


Defendants-appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Monroe County, entered December 7, 2021,

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, the time to perfect the appeal is extended to November 25, 2022, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 3, 2022

Ann Dillon Flynn

Clerk of the Court