| DIPIZIO CONSTRUCTION COMPANY, INC. AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA V ERIE CANAL HARBOR DEVELOPMENT |
| Motion No: CA 16-00194 |
| Slip Opinion No: 2016 NY Slip Op 64065(U) |
| Decided on February 9, 2016 |
| 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: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-00194
| DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT
CORPORATION, DEFENDANT-RESPONDENT. (ACTION NO. 1.) DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, AND
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, PLAINTIFF-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT
CORPORATION, DEFENDANT-RESPONDENT. (ACTION NO. 2.) DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, V NEW
YORK STATE URBAN DEVELOPMENT CORPORATION DOING BUSINESS AS EMPIRE STATE DEVELOPMENT, ERIE CANAL HARBOR DEVELOPMENT
CORPORATION, SAM HOYT, THOMAS DEE, AND MARK E. SMITH, DEFENDANTS-RESPONDENTS. (ACTION NO. 3.) |
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 April 24, 2015,
Now, upon reading and filing the affirmation of Daniel W. Isaacs, Esq., dated January 28, 2016, 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 April 11, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 9, 2016
Frances E. Cafarell, Clerk