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 66492(U)
Decided on March 9, 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.


March 9, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, CARNI, AND LINDLEY, 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's counsel having moved to withdraw as counsel and to extend appellant's 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 affirmation of Brendan H. Little, Esq. dated February 11, 2011, the notice of motion with proof of service thereof, and the affidavit of David M. Stillwell, Esq. sworn to February 15, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to withdraw as counsel is granted, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted to the extent that the ordering paragraph of the order of this Court entered January 5, 2011, is hereby amended by deleting the date March 1, 2011, and inserting in its place the date May 3, 2011.

Memorandum: No further extensions of time to perfect will be granted.

Entered: March 9, 2011

Patricia L. Morgan, Clerk