DAVID GROSS CONTRACTING CORP. V GROSS PHC, LLC V JOHN GROSS, COUNTERCLAIM .
Motion No: CA 16-01040
Slip Opinion No: 2016 NY Slip Op 83600(U)
Decided on August 22, 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.


August 22, 2016

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

DOCKET NO. CA 16-01040

DAVID GROSS CONTRACTING CORP., PLAINTIFF-APPELLANT,

V

GROSS PHC, LLC, DEFENDANT,

V

JOHN GROSS, COUNTERCLAIM DEFENDANT.



JEROME P. WILLIAMS, INTERVENOR-RESPONDENT.


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 Niagara on February 19, 2016,

Now, upon reading and filing the affidavit of James C. Roscetti, Esq., sworn to August 3, 2016, the notice of motion with proof of service thereof, and the affirmation of D. Charles Roberts, Jr., Esq., dated August 17, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered July 7, 2016, is hereby amended by deleting the date August 8, 2016, and inserting in its place the date October 7, 2016.

Entered: August 22, 2016

Frances E. Cafarell, Clerk