AFTERMATH RESTORATION, INC. V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, ALBERT F. STAGER, INC. DAVID DALE
Motion No: CA 14-01928
Slip Opinion No: 2015 NY Slip Op 77280(U)
Decided on June 23, 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.


June 23, 2015

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

DOCKET NO. CA 14-01928

AFTERMATH RESTORATION, INC., PLAINTIFF,

V

NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY,

ALBERT F. STAGER, INC., DEFENDANTS-RESPONDENTS,

DAVID DALE, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie July 3, 2014, and for other relief,

Now, upon reading and filing the affidavit of David Dale sworn to May 5, 2015, the notice of motion with proof of service thereof, and the affidavit of Steven P. Curvin, Esq., sworn to May 11, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, to the extent that the second ordering paragraph of the order of this Court entered March 6, 2015, is hereby amended by deleting the date May 5, 2015, and inserting in its place the date August 21, 2015, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: No further extensions of time to perfect the appeal will be granted.

Entered: June 23, 2015

Frances E. Cafarell, Clerk