LEVEL 3 COMMUNICATIONS, LLC, BROADWING COMMUNICATIONS, LLC, GLOBAL CROSSING NORTH AMERICA, INC., GLOBAL CROSSING
Motion No: CA 18-01598
Slip Opinion No: 2018 NY Slip Op 87203(U)
Decided on October 23, 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.


October 23, 2018

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

DOCKET NO. CA 18-01598

LEVEL 3 COMMUNICATIONS, LLC, BROADWING COMMUNICATIONS, LLC,

GLOBAL CROSSING NORTH AMERICA, INC., GLOBAL CROSSING

TELECOMMUNICATIONS, INC., PETITIONERS-RESPONDENTS-APPELLANTS,

V

ERIE COUNTY, CITY OF BUFFALO, CITY OF LACKAWANNA,

VILLAGE OF NORTH COLLINS, LAKE SHORE CENTRAL SCHOOL

DISTRICT, NORTH COLLINS CENTRAL SCHOOL DISTRICT,

RESPONDENTS-APPELLANTS-RESPONDENTS, CITY OF LACKAWANA

CENTRAL SCHOOL DISTRICT AND EDEN CENTRAL SCHOOL DISTRICT,

RESPONDENTS-RESPONDENTS.


Petitioners having applied for an extension of time to perfect the cross appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 8, 2018,

Now, upon reading and filing the statement of John G. Nicolich, Esq., dated October 22, 2018,

It is hereby ORDERED that petitioners' application is granted, and petitioners' shall perfect the cross appeal on or before December 17, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 23, 2018

Mark W. Bennett, Clerk