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Rogers v. Heary

Appellate Division of the Supreme Court of the State of New York
Jun 4, 2013
2013 N.Y. Slip Op. 75956 (N.Y. App. Div. 2013)

Opinion

DOCKET NO. CA 13-00850

06-04-2013

BRIAN ROGERS AND ELIZABETH ROGERS, PLAINTIFFS-APPELLANTS, v. FRANK HEARY, DEFENDANT, RONALD A. WITTMEYER, JR. AND PATRICIA A. WITTMEYER, DEFENDANTS-RESPONDENTS.


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

Appellants having moved for an extension of time to perfect the appeal taken herein from of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 31, 2013,

Now, upon reading and filing the affidavit of Brian D. Baird, Esq., sworn to May 10, 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


Summaries of

Rogers v. Heary

Appellate Division of the Supreme Court of the State of New York
Jun 4, 2013
2013 N.Y. Slip Op. 75956 (N.Y. App. Div. 2013)
Case details for

Rogers v. Heary

Case Details

Full title:BRIAN ROGERS AND ELIZABETH ROGERS, PLAINTIFFS-APPELLANTS, v. FRANK HEARY…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jun 4, 2013

Citations

2013 N.Y. Slip Op. 75956 (N.Y. App. Div. 2013)