| PIXLEY DEVELOPMENT CORP. V ERIE INSURANCE COMPANY AND CANDY APPLE CAFÉ |
| Motion No: CA 18-01441 |
| Slip Opinion No: 2018 NY Slip Op 81240(U) |
| Decided on August 20, 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 18-01441
| PIXLEY DEVELOPMENT CORP., PLAINTIFF-APPELLANT, V ERIE
INSURANCE COMPANY AND CANDY APPLE CAFÉ, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect 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 23, 2018,
Now, upon reading and filing the affirmation of Jenna W. Kluczik, Esq., dated August 6, 2018, 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 appellant shall perfect the appeal on or before November 5, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 20, 2018
Mark W. Bennett, Clerk