NORMAN ROBINSON, JR., V SPRAGUES WASHINGTON SQUARE, LLC, , TIMOTHY GAREY, AN INDIVIDUAL ON BEHALF OF AN ENTITY TO BE
Motion No: CA 17-00646
Slip Opinion No: 2017 NY Slip Op 71992(U)
Decided on April 24, 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.


April 24, 2017

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

DOCKET NO. CA 17-00646

NORMAN ROBINSON, JR., PLAINTIFF-APPELLANT-RESPONDENT,

V

SPRAGUES WASHINGTON SQUARE, LLC,

DEFENDANT-RESPONDENT-APPELLANT, TIMOTHY GAREY, AN

INDIVIDUAL ON BEHALF OF AN ENTITY TO BE FORMED,

DEFENDANT-RESPONDENT, BILL GUGINO BUILDERS, INC.,

DEFENDANT-RESPONDENT-APPELLANT.


Defendant Spragues Washington Square, LLC having moved for an extension of time to perfect the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on July 7, 2016,

Now, upon reading and filing the affirmation of Brendan H. Little, Esq., dated April 12, 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, and defendant Spragues Washington Square, LLC shall perfect the cross appeal on or before May 19, 2017, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Entered: April 24, 2017

Frances E. Cafarell, Clerk