Opinion
DOCKET NO. CA 13-00627
05-24-2013
JEFFREY KOCH AND ELIZABETH KOCH, INDIVIDUALLY AND AS HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, v. DRAYER MARINE CORPORATION AND ASHVILLE BAY MARINA, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants having moved, pursuant to CPLR 5520 (a), for an extension of time to serve their notice of appeal and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 19, 2012,
Now, upon reading and filing the affirmation of Andrew J. Connelly, Esq. dated April 3, 2013, the notice of motion with proof of service thereof, and the affirmation of Leo T. Fabrizi, Esq., dated April 4, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to serve the notice of appeal, pursuant to CPLR 5520 (a), is granted, and the notice of appeal is deemed to have been timely served on April 3, 2013, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Frances E. Cafarell, Clerk