SWORMVILLE FIRE CO. INC., V K2M ARCHITECTS P.C., .
Motion No: CA 16-00334
Slip Opinion No: 2016 NY Slip Op 71090(U)
Decided on April 19, 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.


April 19, 2016

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 16-00334

SWORMVILLE FIRE CO. INC., PLAINTIFF-RESPONDENT-APPELLANT,

V

K2M ARCHITECTS P.C., DEFENDANT-APPELLANT-RESPONDENT,

ET AL., DEFENDANT.


Plaintiff having moved for an extension of time to perfect the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 21, 2015,

Now, upon reading and filing the affidavit of Amanda L. Machacek, Esq., sworn to April 1, 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 plaintiff shall perfect the cross appeal on or before June 27, 2016, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: April 19, 2016

Frances E. Cafarell, Clerk