| BROADWAY WAREHOUSE COMPANY V BUFFALO BARN BOARD, LLC, EMPIRE DIAGNOSTICS, INC., EBD MANAGEMENT, LLC AND DAVID R. |
| Motion No: CA 15-02040 |
| Slip Opinion No: 2015 NY Slip Op 93785(U) |
| Decided on December 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 15-02040
| BROADWAY WAREHOUSE COMPANY, PLAINTIFF-RESPONDENT, V
BUFFALO BARN BOARD, LLC, EMPIRE DIAGNOSTICS, INC., EBD MANAGEMENT, LLC, DEFENDANTS, AND DAVID R. PFALZGRAF, JR.,
DEFENDANT-APPELLANT. |
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 Erie on March 30, 2015,
Now, upon reading and filing the affirmation of Bradley A. Hoppe, Esq., dated December 3, 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 shall perfect the appeal on or before February 5, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 15, 2015
Frances E. Cafarell, Clerk