| BRETT BELLRENG V SICOLI & MASSARO, INC., LOCKPORT CITY SCHOOL DISTRICT BOARD OF EDUCATION SICOLI & MASSARO, INC., V |
| Motion No: CA 12-00797 |
| Slip Opinion No: 2012 NY Slip Op 85452(U) |
| Decided on September 25, 2012 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00797
| BRETT BELLRENG, PLAINTIFF, V SICOLI & MASSARO,
INC., LOCKPORT CITY SCHOOL DISTRICT BOARD OF EDUCATION, DEFENDANTS. SICOLI & MASSARO, INC., THIRD-PARTY
PLAINTIFF, V GUARD CONSTRUCTION & CONTRACTING, CORP., THIRD-PARTY DEFENDANT. GUARD CONTRACTING CORP.
ALSO KNOWN AS GUARD CONSTRUCTION & CONTRACTING, CORP., FOURTH-PARTY PLAINTIFF-APPELLANT, V INNOVATIVE
INSULATED SYSTEMS, INC., ALSO KNOWN AS INNOVATIVE INSULATION INC., FOURTH-PARTY DEFENDANT-RESPONDENT. (APPEAL
NO. 1.) |
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 Niagara on November 30, 2011,
Now, upon reading and filing the affirmation of Brian R. Biggie, Esq., dated September 6, 2012, the notice of motion with proof of service thereof, and the affirmation of Stephen C. Halpern, Esq., dated September 12, 2012, 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 December 3, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 25, 2012
Frances E. Cafarell, Clerk