| JASON THOME V BENCHMARK MAIN TRANSIT ASSOCIATES, LLC, AND CHRISTA CONSTRUCTION, LLC PICONE CONSTRUCTION CORPORATION |
| Motion No: CA 10-02435 |
| Slip Opinion No: 2010 NY Slip Op 91856(U) |
| Decided on December 23, 2010 |
| 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-02435
| JASON THOME, PLAINTIFF-RESPONDENT, V BENCHMARK MAIN TRANSIT
ASSOCIATES, LLC, AND CHRISTA CONSTRUCTION, LLC, DEFENDANTS-APPELLANTS, PICONE CONSTRUCTION CORPORATION, DEFENDANT. CHRISTA
CONSTRUCTION, LLC, DEFENDANT/THIRD-PARTY PLAINTIFF V INDUSTRIAL POWER & LIGHTING CORP., AND FISHER CONCRETE, INC., THIRD-PARTY
DEFENDANTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 11, 2010,
Now, upon reading and filing the affirmation of Kevin T. O'Brien, Esq. dated December 8, 2010, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before February 14, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 23, 2010
Patricia L. Morgan, Clerk