PHILIP R. INTERNICOLA, INDIVIDUALLY AND AS A SHAREHOLDER OF FLYING BISON BREWING COMPANY SUING ON BEHALF OF HIMSELF AND
Motion No: CA 10-01995
Slip Opinion No: 2011 NY Slip Op 60275(U)
Decided on January 5, 2011
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.


January 5, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND CARNI, JJ.

DOCKET NO. CA 10-01995

PHILIP R. INTERNICOLA, INDIVIDUALLY AND AS A SHAREHOLDER OF

FLYING BISON BREWING COMPANY SUING ON BEHALF OF HIMSELF AND

ALL OTHER SHAREHOLDERS OF FLYING BISON BREWING COMPANY

SIMILARLY SITUATED AND IN THE RIGHT OF FLYING BISON BREWING

COMPANY, PLAINTIFF-APPELLANT,

V

FLYING BISON BREWING COMPANY, TIMOTHY P. HERZOG,

MARY HERZOG, STEPHEN JACKSON, DONALD WACH,

DEFENDANTS-RESPONDENTS,

MATT BREWING COMPANY, INC., ET AL., DEFENDANTS.


Appellant 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 July 28, 2010,

Now, upon reading and filing the affirmations of Brendan H. Little, Esq. dated December 22, 2010, and December 29, 2010, the notice of motion with proof of service thereof, and the affidavit of David M. Stillwell, Esq. sworn to December 23, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered November 5, 2010, is hereby amended by deleting the date January 4, 2011, and inserting in its place the date March 1, 2011.

Entered: January 5, 2011

Patricia L. Morgan, Clerk