TADEUSZ R. SKARBEK V LP CIMINELLI, INC., CONCEPT CONSTRUCTION CORP., AND ERIE COUNTY MEDICAL CENTER CORPORATION
Motion No: CA 17-01849
Slip Opinion No: 2017 NY Slip Op 93879(U)
Decided on November 27, 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 27, 2017

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

DOCKET NO. CA 17-01849

TADEUSZ R. SKARBEK, PLAINTIFF-RESPONDENT,

V

LP CIMINELLI, INC., CONCEPT CONSTRUCTION CORP., AND ERIE

COUNTY MEDICAL CENTER CORPORATION, DEFENDANTS-APPELLANTS,



ERIE COUNTY MEDICAL CENTER CORPORATION, LP CIMINELLI, INC.,

AND CONCEPT CONSTRUCTION CORP., THIRD-PARTY

PLAINTIFFS-APPELLANTS,

V

INDUSTRIAL POWER AND LIGHTING CORP., HERITAGE CONTRACT

FLOORING, LLC AND DOMMER CONSTRUCTION CORPORATION,

THIRD-PARTY DEFENDANTS-RESPONDENTS.


Plaintiff-respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 11, 2017,

Now, upon reading and filing the affidavit of Marc C. Panepinto, Esq., sworn to November 15, 2017, the notice of motion with proof of service thereof, and the affidavit of Paul G. Ferrara, Esq., sworn to November 21, 2017, 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 December 28, 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 January 29, 2018.

Entered: November 27, 2017

Mark W. Bennett, Clerk