Opinion
DOCKET NO. CA 13-00907
06-04-2013
LINCOLN TRUST AS CUSTODIAN FOR DANIEL ELSTEIN, MD ROLLOVER IRA AND DANIEL ELSTEIN INDIVIDUALLY AND AS BENEFICIAL OWNER OF LINCOLN TRUST, PLAINTIFFS-APPELLANTS, v. ALFRED D. SPAZIANO, DEFENDANT, ALBERT M. MERCURY AND PHILLIPS, LYTLE, HITCHCOCK, BLAINE AND HUBER, LLP, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Appellants having moved 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 Onondaga on March 8, 2013,
Now, upon reading and filing the affirmation of David L. Rasmussen, Esq., dated May 21, 2013, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).
Frances E. Cafarell, Clerk