CHARLES E. BADDING AND ANN G. BADDING V BRUCE D. INGLIS . BRUCE D. INGLIS, KATHY I. BENTON, LORI I. SESSA, - - V
Motion No: CA 14-00008
Slip Opinion No: 2014 NY Slip Op 63212(U)
Decided on January 31, 2014
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 31, 2014

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

DOCKET NO. CA 14-00008

CHARLES E. BADDING AND ANN G. BADDING, PLAINTIFFS,

V

BRUCE D. INGLIS, ET AL., DEFENDANTS.

BRUCE D. INGLIS, KATHY I. BENTON, LORI I. SESSA,

DEFENDANTS-THIRD-PARTY PLAINTIFFS-RESPONDENTS,

V

CENTURY BRICK, INC., 3360 WALDEN AVENUE, INC. FORMERLY

DOING BUSINESS AS SCRANTON'S THRUWAY BUILDERS SUPPLIES,

THIRD-PARTY DEFENDANTS-APPELLANTS, AND UNITED MATERIALS,

LLC, AS SUCCESSOR TO 3360 WALDEN AVENUE, INC., DEFENDANT.


Appellants having separately moved for an extension of time to perfect the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 18, 2013,

Now, upon reading and filing the affidavit of Edward J. Markarian, Esq., sworn to January 2, 2014, the affirmation of Joel B. Schechter, Esq., dated January 3, 2014, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellants shall perfect their appeals on or before March 10, 2014, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: January 31, 2014

Frances E. Cafarell, Clerk