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