| EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., COUNTY OF ERIE, CHRIS COLLINS, BUFFALO NIAGARA |
| Motion No: CA 11-01813 |
| Slip Opinion No: 2011 NY Slip Op 84367(U) |
| Decided on September 16, 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. |
PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-01813
| EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC.,
COUNTY OF ERIE, CHRIS COLLINS, BUFFALO NIAGARA PARTNERSHIP INC., INNOVATIVE MECHANICAL SYSTEMS, INC., M.G.M. INSULATION, INC.,
ALLEGHANY INDUSTRIAL INSULATION CO., DANIEL J. BRINSKY, AND DOUG BYERLY, PLAINTIFFS-APPELLANTS. V M. PATRICIA SMITH, IN HER
OFFICIAL CAPACITY AS COMMISSIONER, NEW YORK STATE DEPARTMENT OF LABOR, AND THOMAS P. DINAPOLI, IN HIS OFFICIAL CAPACITY, AS
COMPTROLLER, STATE OF NEW YORK, DEFENDANTS-RESPONDENTS, |
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 November 19, 2010,
Now, upon reading and filing the affidavit of Timothy W. Hoover, Esq., sworn to September 2, 2011, 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 November 21, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 16, 2011
Patricia L. Morgan, Clerk