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COOK v. CARMEN S. PARISO INC.

287 A.D.2d 208 (2001)

734 N.Y.S.2d 753

In the Matter of WILLIAM S. COOK, SR., et al., Individually and as Trustees of the COOK FAMILY TRUST, Appellants, v. CARMEN S. PARISO, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 21, 2001.

Attorney(s) appearing for the Case

Robert G. Sillars, Clarence, for appellants.

Getman, Biryla & Kresse, L. L. P., Buffalo (Seth L. Hibbert of counsel), for Carmen S. Pariso, Inc., and another, respondents.

Phillips Lytle Hitchcock, Buffalo (Melissa Hancock Nickson of counsel), for GBH Paving, Inc., respondent.

PIGOTT, JR., P. J., GREEN, WISNER and BURNS, JJ., concur.

OPINION OF THE COURT

KEHOE, J.

On this appeal by petitioners from an order denying their petition seeking to cancel and discharge three mechanics' liens filed against their property by respondents, the issue is whether the liens have lapsed by operation of law as a result of respondents' failure to obtain court orders extending such liens (see, Lien Law § 17), and whether Supreme Court thus erred in refusing to cancel and discharge such liens...

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