DANNER, CHESTER v. KOWAL, MYRON

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01202 PRESENT: SCUDDER, P.J., FAHEY, SCONIERS, VALENTINO, AND MARTOCHE, JJ.

CHESTER DANNER AND RITA DANNER, PLAINTIFFS-APPELLANTS, V ORDER MYRON KOWAL, MYRON KOWAL, DOING BUSINESS AS MYRON’S EXPRESSIONS IN CUISINE, AND MYRON KOWAL, DOING BUSINESS AS MYRON’S EXPRESSIONS, DEFENDANTS-RESPONDENTS.

LAW OFFICE OF ROBERT H. PERK, BUFFALO (MARIE LUKASIEWICZ OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

BARTH SULLIVAN BEHR, BUFFALO (LAURENCE D. BEHR OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered March 16, 2012. The order denied the motion of plaintiffs for a default judgment, granted the motion of defendants to dismiss the complaint and denied the motion of plaintiffs for an extension of time to serve defendants.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: March 22, 2013 Frances E. Cafarell Clerk of the Court