INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, DISTRICT COUNCIL NO. 4 BY ITS SECRETARY-TREASURER, MARK STEVENS
Motion No: CA 16-00663
Slip Opinion No: 2016 NY Slip Op 80826(U)
Decided on July 25, 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.


July 25, 2016

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

DOCKET NO. CA 16-00663

INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, DISTRICT

COUNCIL NO. 4 BY ITS SECRETARY-TREASURER, MARK STEVENS,

INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, FINISHING

TRADES INSTITUTE OF WESTERN & CENTRAL NEW YORK, BY ITS

TRUSTEES MARK STEVENS, GREGORY STONER, ROBERT SINOPOLI,

JEFFREY CARROLL, TODD ROTUNNO, MICHAEL DEMS, DANIEL

LAFRANCE, DAN JACKSON, DOMINIC ZIRILLI, TIM MCCLUSKEY, JEFF

STURTZ, FRANK HOSEK AND MARVIN PAIGE, FORNO ENTERPRISES,

INC., TGR ENTERPRISES, INC., HOGAN GLASS, LLC, AJAY GLASS &

MIRROR CO., INC., THOMAS A. JERGE, AS A CITIZEN TAXPAYER,

PAUL J. LEONE, AS A CITIZEN TAXPAYER, AS AN APPRENTICE

ENROLLED IN PAINTERS DISTRICT COUNCIL NO. 4 GLAZIER

APPRENTICESHIP PROGRAM, AND RACHEL TERHART, AS A FORMER

APPRENTICE ENROLLED IN PAINTERS DISTRICT COUNCIL NO. 4

GLAZIER APPRENTICESHIP PROGRAM, PLAINTIFFS-APPELLANTS,

V

NEW YORK STATE DEPARTMENT OF LABOR, MARIO MUSOLINO, ACTING

COMMISSIONER, NEW YORK STATE DEPARTMENT OF LABOR AND

CHRISTOPHER ALUND, DIRECTOR, BUREAU OF PUBLIC WORKS, A

DIVISION OF NEW YORK STATE DEPARTMENT OF LABOR,

DEFENDANTS-RESPONDENTS.


Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 22, 2015,

Now, upon reading and filing the affirmation of Owen Demuth, Esq., dated July 12, 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 to the extent that the first ordering paragraph of the order of this Court entered May 31, 2016, is hereby amended by deleting the date July 15, 2016, and inserting in its place the date August 15, 2016, and

It is further ORDERED that the second ordering paragraph of the order of this Court entered May 31, 2016, is hereby amended by deleting the date August 1, 2016, and inserting in its place the date August 30, 2016.

Entered: July 25, 2016

Frances E. Cafarell, Clerk