LOCAL NO. 4, INTERNATIONAL ASSOCIATION OF HEAT AND FROST AND ASBESTOS WORKERS - V BUFFALO WHOLESALE SUPPLY CO., INC.
Motion No: NOS. CA 07-00091 AND CA 07-00172
Slip Opinion No: 2007 NYSlipOp 79880(U)
Decided on October 1, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 1, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NOS. CA 07-00091 AND CA 07-00172

LOCAL NO. 4, INTERNATIONAL ASSOCIATION OF HEAT AND FROST
AND ASBESTOS WORKERS, ET AL., PLAINTIFFS-RESPONDENTS,
V
BUFFALO WHOLESALE SUPPLY CO., INC., DOING BUSINESS AS
NIAGARA INSULATIONS, ET AL., DEFENDANTS, MANUFACTURERS AND
TRADERS TRUST COMPANY, DEFENDANT-APPELLANT.
(APPEAL NO. 1.)


LOCAL NO. 4, INTERNATIONAL ASSOCIATION OF HEAT AND FROST AND ASBESTOS WORKERS, ET AL., PLAINTIFFS-RESPONDENTS,
V
BUFFALO WHOLESALE SUPPLY CO., INC., DOING BUSINESS AS NIAGARA INSULATIONS, ET AL., DEFENDANTS, CANFIELD FUNDING LLC, DEFENDANT-APPELLANT.
(APPEAL NO. 2.)

Appellant Manufacturers and Traders Trust Company having moved for an extension of time to perfect its appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 14, 2006,

Now, upon reading and filing the affidavit of Mark W. Warren sworn to

September 12, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect its appeal on or before October 15, 2007 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 1, 2007

JoAnn M. Wahl, Clerk