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

DOCKET NO. CA 17-01009
DOCKET NO. CA 17-01010

ALFRED E. EASTON, JR. AND JANET EASTON, PLAINTIFFS-APPELLANTS-RESPONDENTS, V M.A. MORTENSON COMPANY, MODERN MOSAIC LIMITED, HARBORCENTER DEVELOPMENT LLC, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. M.A. MORTENSON COMPANY AND HARBORCENTER DEVELOPMENT, LLC, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V PRECAST SERVICES INC., THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 1.) ALFRED E. EASTON, JR. AND JANET EASTON, PLAINTIFFS-APPELLANTS, V M.A. MORTENSON COMPANY, MODERN MOSAIC LIMITED, HARBORCENTER DEVELOPMENT LLC, DEFENDANTS-RESPONDENTS. M.A. MORTENSON COMPANY AND HARBORCENTER DEVELOPMENT, LLC, THIRD-PARTY PLAINTIFFS, V PRECAST SERVICES INC., THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Plaintiffs-appellants-respondents having moved to vacate the dismissal of the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 19, 2016 (appeal No. 1), and having moved for an extension of time to perfect the appeal taken herein from the order of the same court entered April 3, 2017 (appeal No. 2), and third-party defendant-respondent-appellant having cross-moved for an extension of time to perfect its cross appeal (appeal No. 1),

Now, upon reading and filing the affirmation of Alan D. Voos, Esq.,dated December 15, 2017, the affirmation of Corey J. Weber, Esq., dated December 21, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiffs-appellants-respondents' motion insofar as it seeks to vacate dismissal of appeal No. 1 is granted, on the condition that appellant perfects the appeal on or before February 26, 2018, and

It is further ORDERED that plaintiffs-appellants-respondents' motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted, and appellant shall perfect the appeal on or before February 26, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that third-party defendant-respondent-appellant's cross motion is granted to the extent that the ordering paragraph of the order of this Court entered October 30, 2017, is hereby amended by deleting the date January 5, 2018, and inserting in its place the date March 5, 2018.

Memorandum: No further extensions of time to perfect the cross appeal will be granted to third-party defendant-respondent-appellant.

Entered: December 27, 2017

Mark W. Bennett, Clerk