| ROBERT S. SZCZERBINSKI V OAB HOLDING, INC. . HOIST LIFTRUCK MFG, INC., V AURUBIS BUFFALO, INC., FORMERLY KNOWN AS |
| Motion No: CA 19-00263 |
| Slip Opinion No: 2019 NY Slip Op 63715(U) |
| Decided on February 14, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 19-00263
(Index No. 2012-2908.)
| ROBERT S. SZCZERBINSKI, ET AL., PLAINTIFFS, V OAB HOLDING, INC., ET
AL., DEFENDANTS. HOIST LIFTRUCK MFG, INC., THIRD-PARTY PLAINTIFF, V AURUBIS BUFFALO, INC., FORMERLY KNOWN AS LUVATA
BUFFALO, INC., THIRD-PARTY DEFENDANT-APPELLANT. AURUBIS BUFFALO, INC., FORMERLY KNOWN AS LUVATA BUFFALO, INC., FOURTH-PARTY
PLAINTIFF-APPELLANT, V ATLANTIC RICHFIELD COMPANY, ATLANTIC RICHFIELD COMPANY AS SUCCESSOR IN INTEREST TO ATLANTIC RICHFIELD
DELAWARE CORPORATION, FOURTH-PARTY DEFENDANT-RESPONDENTS, ET AL., FOURTH-PARTY DEFENDANT. |
Third-party defendant-appellant having applied 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 August 23, 2018,
Now, upon reading and filing the statement of Patrick J. Hines, Esq., dated February 7, 2019, and due deliberation having been had thereon,
It is hereby ORDERED that the application is granted, and third-party defendant-appellant shall perfect the appeal on or before April 30, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: February 14, 2019
Mark W. Bennett, Clerk