J.N.K. MACHINE CORPORATION V TBW, LTD., WOOLSCHLAGER INC., AND BERNARD C. WOOLSCHLAGER
Motion No: CA 16-02142
Slip Opinion No: 2017 NY Slip Op 67961(U)
Decided on March 20, 2017
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.


March 20, 2017

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

DOCKET NO. CA 16-02142

J.N.K. MACHINE CORPORATION, PLAINTIFF-RESPONDENT,

V

TBW, LTD., WOOLSCHLAGER INC., AND BERNARD C. WOOLSCHLAGER,

DEFENDANTS-APPELLANTS.



TBW, LTD., WOOLSCHLAGER INC., AND BERNARD C. WOOLSCHLAGER,

THIRD-PARTY PLAINTIFFS,

V

PAMELA LODESTRO, AS EXECUTOR OF THE ESTATE OF G. MARV

SCHUVER AND BART SCHUVER, THIRD-PARTY DEFENDANTS.

——————————————————————& mdash;————

SCHUVER'S TRUCK & TRAILER LLC AND G. BARTON SCHUVER,

PLAINTIFFS,

V

BERNARD C. WOOLSCHLAGER, TBW, LTD., DOING BUSINESS AS

JAMESTOWN UNIT PARTS AND WOOLSCHLAGER INC., DEFENDANTS.


Respondent J.N.K. Machine Corporation having moved for an extension of time to file and serve a brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 23, 2016,

Now, upon reading and filing the affidavit of Brian D. Gwitt, Esq., sworn to March 7, 2017, 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 on the condition that the brief is filed and served on or before April 12, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before April 27, 2017.

Entered: March 20, 2017

Frances E. Cafarell, Clerk