CANANDAIGUA NATIONAL BANK AND TRUST COMPANY V ACQUEST SOUTH PARK, LLC , KINGSBURY CORPORATION KINGSBURY CORPORATION,
Motion No: CA 18-02154
Slip Opinion No: 2019 NY Slip Op 62499(U)
Decided on January 22, 2019
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.


January 22, 2019

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

DOCKET NO. CA 18-02154

CANANDAIGUA NATIONAL BANK AND TRUST COMPANY, PLAINTIFF,

V

ACQUEST SOUTH PARK, LLC, ET AL., DEFENDANTS,

KINGSBURY CORPORATION, DEFENDANT-RESPONDENT.

KINGSBURY CORPORATION,

THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT,

V

WILLIAM L. HUNTRESS,

THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.


Third-party plaintiff-respondent-appellant Kingsbury Corporation having applied for an extension of time to perfect the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 7, 2018,

Now, upon reading and filing the statement of Ronald G. Hull, Esq., dated January 18, 2019, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, and Kingsbury Corporation shall perfect the cross appeal on or before March 21, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 22, 2019

Mark W. Bennett, Clerk