| SHELLEY CHMIEL V ROCKWELL CONSTRUCTION, INC., DOING BUSINESS AS BROWNSTONE HOMES, , HOME INSULATION & SUPPLY, INC. |
| Motion No: CA 15-00498 |
| Slip Opinion No: 2015 NY Slip Op 70287(U) |
| Decided on April 13, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00498
| SHELLEY CHMIEL, PLAINTIFF-RESPONDENT, V ROCKWELL
CONSTRUCTION, INC., DOING BUSINESS AS BROWNSTONE HOMES, DEFENDANT-APPELLANT-RESPONDENT, HOME INSULATION & SUPPLY, INC., URBAN
INSULATION, INC., PROLINE CONCRETE, INC., HAROLD FOSTER, DEFENDANTS, ZELASKO CONSTRUCTION, INC., DEFENDANT-APPELLANT, R & D
CONTRACTING, INC., DEFENDANT, ROBERT BRICELAND, JRZ ARCHITECTURE, PLLC, JOHN ZYWICZYNSKI, DEFENDANTS-APPELLANTS, RAY M.
TEETER, P.E., DEFENDANT. ROCKWELL CONSTRUCTION, INC., THIRD-PARTY PLAINTIFF-REPSONDENT-APPELLANT, V EARTH DIMENSIONS,
INC., THIRD-PARTY DEFENDANT-APPELLANT. |
Appellant Earth Dimensions, Inc. having moved for an extension of time to perfect its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 17, 2014,
Now, upon reading and filing the amended affidavit of Jeffrey D. Schulman, Esq., sworn to March 26, 2015, 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 Earth Dimensions, Inc. shall perfect its appeal on or before July 22, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 13, 2015
Frances E. Cafarell, Clerk