MAL-BON, LLC, MALLARE ENTERPRISES, INC., MALLARE PLOWING, INC., LYNN MALLARE BONA, MICHAEL MALLARE AND JAMES MALLARE V
Motion No: CA 17-01590
Slip Opinion No: 2018 NY Slip Op 62424(U)
Decided on January 18, 2018
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.


January 18, 2018

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.

DOCKET NO. CA 17-01590

MAL-BON, LLC, MALLARE ENTERPRISES, INC., MALLARE PLOWING,

INC., LYNN MALLARE BONA, MICHAEL MALLARE AND JAMES MALLARE,

PLAINTIFFS-RESPONDENTS,

V

MELANIE SMITH AND JOSEPH PALMIERI, INDIVIDUALLY, AND AS

CO-RESIDENTS, AND SOLCARE, INC., DEFENDANTS-APPELLANTS.


Respondents having moved to adjourn oral argument of the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on April 26, 2017,

Now, upon reading and filing the affirmation of Christopher M. Berloth, Esq., dated December 28, 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 the appeal is removed from the Court's day calendar for February 22, 2018, and is added to the term of this Court commencing April 3, 2018.

Entered: January 18, 2018

Mark W. Bennett, Clerk