Sonnelitterv.White

Appellate Division of the Supreme Court of the State of New YorkApr 11, 2012
2012 N.Y. Slip Op. 69961 (N.Y. App. Div. 2012)

Motion No: CA 12-00175 CA 12-00176

04-11-2012

EVELYN SONNELITTER, GARY SONNELITTER, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE, AND SONNELITTER FAMILY TRUST, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. JOSEPH WHITE, INDIVIDUALLY AND AS FORMER TRUSTEE OF THE SONNELITTER FAMILY TRUST, DEFENDANT-RESPONDENT-APPELLANT, CAROL ALABISO, GERALD MCCLAIN WHITLEY AND MCCLAIN PROPERTIES, LLC, DEFENDANTS.


PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Defendant-respondent-appellant having moved for an extension of time to perfect his cross appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 26, 2011, and July 26, 2011,

Now, upon reading and filing the affidavit of John J. Keenan, Esq., sworn to March 26, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and defendant-respondent-appellant shall perfect his cross appeals on or before June 18, 2012, and, in the event of failure to so perfect, the cross appeals are hereby dismissed without further order.

Frances E. Cafarell, Clerk