| BASILICA OF THE NATIONAL SHRINE OF OUR LADY OF FATIMA, INC. V LAUER MANGUSO & ASSOCIATES, JAMES MANGUSO LAUER MANGUSO & |
| Motion No: CA 18-01189 |
| Slip Opinion No: 2018 NY Slip Op 88846(U) |
| Decided on November 13, 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 18-01189
| BASILICA OF THE NATIONAL SHRINE OF OUR LADY OF FATIMA, INC.,
PLAINTIFF, V LAUER MANGUSO & ASSOCIATES, JAMES MANGUSO, DEFENDANTS. LAUER MANGUSO & ASSOCIATES, JAMES MANGUSO,
DEFENDANT/THIRD-PARTY PLAINTIFFS-RESPONDENTS, V APEX CONSULTING SURVEY & ENGINEERING SERVICES, P.C., THIRD-PARTY DEFENDANT,
PICONE CONSTRUCTION CORPORATION, THIRD-PARTY DEFENDANT-APPELLANT. |
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 Niagara on October 2, 2017,
Now, upon reading and filing the affidavit of Matthew D. Holmes, Esq., sworn to October 29, 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 28, 2018 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 13, 2018
Mark W. Bennett, Clerk