R & D ELECTRONICS, INC. V NYP MANAGEMENT, CO., INC. CATTARAUGUS COUNTY BANK, NON-PARTY AND - V NYP MANAGEMENT, CO.
Motion No: CA 17-01819
Slip Opinion No: 2017 NY Slip Op 91915(U)
Decided on November 8, 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.


November 8, 2017

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

DOCKET NO. CA 17-01819

R & D ELECTRONICS, INC., PLAINTIFF-RESPONDENT,

V

NYP MANAGEMENT, CO., INC., DEFENDANT-APPELLANT.

CATTARAUGUS COUNTY BANK, NON-PARTY RESPONDENT AND

PLAINTIFF-RESPONDENT,

V

NYP MANAGEMENT, CO., INC., DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on December 29, 2017,

Now, upon reading and filing the affirmations of John J. Keenan, Esq., dated October 10, 2017, and October 18, 2017, the notice of motion with proof of service thereof, and the affirmation of Mark C. Davis, Esq., dated October 31, 2017, 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 December 12, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 8, 2017

Mark W. Bennett, Clerk