| DANIELLE JOHNSON V BG MID CITY III, LLC, BG MID CITY I, LLC, NEW TECH COMMERCIAL CONSTRUCTION CORP., BENDERSON |
| Motion No: CA 17-01747 |
| Slip Opinion No: 2018 NY Slip Op 65568(U) |
| Decided on February 26, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01747
| DANIELLE JOHNSON, PLAINTIFF-RESPONDENT, V BG MID CITY III, LLC,
BG MID CITY I, LLC, NEW TECH COMMERCIAL CONSTRUCTION CORP., BENDERSON DEVELOPMENT COMPANY, LLC, BENDERSON PROPERTIES, INC.
FORMERLY KNOWN AS BENDERSON DEVELOPMENT COMPANY, INC., BENDERSON PROPERTY DEVELOPMENT, INC., RONALD BENDERSON, RANDALL
BENDERSON, DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED 12/26/89 KNOWN AS THE SHAUN BENDERSON 1989 TRUST, RONALD
BENDERSON, RANDALL BENDERSON, DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED12/26/89 KNOWN AS THE EVAN BENDERSON
1989 TRUST, RONALD BENDERSON, RANDALL BENDERSON, DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED 12/26/89 KNOWN AS THE
TODD BENDERSON 1989 TRUST, RONALD BENDERSON, RANDALL BENDERSON, DAVID H. BALDAUF, AS TRUSTEES UNDER A TRUST AGREEMENT DATED
12/26/89 KNOWN AS THE BRETT BENDERSON 1989 TRUST, DELTA-SONIC CARWASH SYSTEMS, INC., TOPS MARKETS, LLC, DEVELOPERS DIVERSIFIED
REALTY CORPORATION, DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 25, 2013,
Now, upon reading and filing the affidavit of Tessa R. Scott, Esq., sworn to February 8, 2018, the affirmation of Henry A. Zomerfeld, Esq., dated February 9, 2018, the notices of motion with proof of service thereof, and the affirmation of William A. Quinlan, Esq., dated February 21, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted to the extent that the first and second ordering paragraphs of the order of this Court entered December 26, 2017, are hereby amended by deleting the date February 13, 2018, and inserting in its place the date April 16, 2018, and
It is further ORDERED that the third ordering paragraph of the order of this Court entered December 26, 2017, is hereby amended by deleting the date March 13, 2018, and inserting in its place the date May 16, 2018, and
Memorandum: No further extensions of time to perfect the taken by New Tech Commercial Construction Corp. will be granted.
Entered: February 26, 2018
Mark W. Bennett, Clerk