ARTHUR J. SPRINGS, JR. V CITY OF BUFFALO, - . CITY OF BUFFALO, V HARSCO CORPORATION AND PATENT CONSTRUCTION SYSTEMS,
Motion No: CA 09-02534
Slip Opinion No: 2009 NY Slip Op 93042(U)
Decided on December 29, 2009
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.


December 29, 2009

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

DOCKET NO. CA 09-02534

ARTHUR J. SPRINGS, JR., PLAINTIFF-RESPONDENT,

V

CITY OF BUFFALO, DEFENDANT-APPELLANT,

ET AL., DEFENDANTS.

CITY OF BUFFALO, THIRD-PARTY PLAINTIFF,

V

HARSCO CORPORATION AND PATENT CONSTRUCTION SYSTEMS,

THIRD-PARTY DEFENDANTS-APPELLANTS.


Appellants having moved for an extension of time to perfect the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 25, 2009,

Now, upon reading and filing the affirmation of Matthew S. Lerner dated December 11, 2009, the affirmation of William K. Kennedy dated December 11, 2009, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions be, and the same hereby are, granted and appellants shall perfect the appeals on or before March 5, 2010, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: December 29, 2009

Patricia L. Morgan, Clerk