RICHARD HUNT V CIMINELLI-COWPER CO., INC. .
Motion No: CA 08-02267
Slip Opinion No: 2008 NYSlipOp 88940(U)
Decided on November 10, 2008
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.


November 10, 2008

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

DOCKET NO. CA 08-02267

RICHARD HUNT, PLAINTIFF,

V

CIMINELLI-COWPER CO., INC., ET AL., DEFENDANTS.



JAMESTOWN COMMUNITY COLLEGE, JAMESTOWN COMMUNITY COLLEGE REGION, JAMESTOWN COMMUNITY COLLEGE REGIONAL BOARD OF TRUSTEES, THIRD PARTY PLAINTIFFS-APPELLANTS,

V

INGALLS SITE DEVELOPMENT, INC., FORMERLY KNOWN AS DAVID OGIONY DEVELOPMENT CO., INC., AHLSTROM-SCHAEFFER ELECTRIC CORPORATION AND PETTIT & PETTIT, INC., THIRD-PARTY DEFENDANTS-RESPONDENTS.


Appellants having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 28, 2008,

Now, upon reading and filing the affirmation of Brian MacDonald dated October 29, 2008, 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 appellants shall perfect the appeal on or before January 9, 2009 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 10, 2008

JoAnn M. Wahl, Clerk