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 70337(U)
Decided on April 15, 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.


April 15, 2015

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-RESPONDENT-APPELLANT,

V

EARTH DIMENSIONS, INC., THIRD-PARTY DEFENDANT-APPELLANT.


Appellant Zelasko Construction, Inc. 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 June 17, 2014,

Now, upon reading and filing the affirmation of Kenneth A. Krajewski, Esq., dated March 27, 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 Zelasko Construction, Inc. shall perfect its appeal on or before June 15, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 15, 2015

Frances E. Cafarell, Clerk