| MARGUERITE MITCHELL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JOHN K. MITCHELL, DECEASED V NRG ENERGY, INC. |
| Motion No: CA 16-01558 |
| Slip Opinion No: 2016 NY Slip Op 86286(U) |
| Decided on September 20, 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01558
| MARGUERITE MITCHELL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE
ESTATE OF JOHN K. MITCHELL, DECEASED, PLAINTIFF, V NRG ENERGY, INC. AND DUNKIRK POWER, LLC, DEFENDANTS. NRG ENERGY, INC. AND
DUNKIRK POWER, LLC, THIRD-PARTY PLAINTIFFS, V INTERNATIONAL CHIMNEY CORP., THIRD-PARTY DEFENDANT-RESPONDENT,
V CITIZENS INSURANCE COMPANY OF AMERICA, INTERVENOR-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 November 4, 2015,
Now, upon reading and filing the affirmation of Daniel Pickett, Esq., dated September 2, 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 November 21, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 20, 2016
Frances E. Cafarell, Clerk