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 91078(U)
Decided on October 1, 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 1, 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.


Appellant City of Lackawanna having moved for an extension of time to perfect the 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, and for other relief,

Now, upon reading and filing the affirmation of Antonio Savaglio, Esq., dated September 11, 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 City of Lackawanna shall perfect the appeal on or before November 16, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motions are otherwise denied.

Entered: October 1, 2018

Mark W. Bennett, Clerk