ROBERT S. SZCZERBINSKI, ET AL V AMERICAN BRASS COMPANY, L.P. , ATLANTIC RICHFIELD COMPANY, ATLANTIC RICHARD FIELD
Motion No: CA 19-00265
Slip Opinion No: 2019 NY Slip Op 63716(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.


February 14, 2019

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

DOCKET NO. CA 19-00265
(Index No. 2013-2191.)

ROBERT S. SZCZERBINSKI, ET AL, PLAINTIFFS,

V

AMERICAN BRASS COMPANY, L.P., ET AL., DEFENDANTS,

ATLANTIC RICHFIELD COMPANY, ATLANTIC RICHARD FIELD COMPANY

AS SUCCESSOR IN INTEREST TO ATLANTIC RICHFIELD DELAWARE

CORPORATION, THIRD-PARTY PLAINTIFFS-RESPONDENTS, ET AL.,

THIRD-PARTY PLAINTIFF-RESPONDENT,

V

AURUBIS BUFFALO, INC., FORMERLY KNOWN AS LUVATA BUFFALO,

INC., THIRD-PARTY DEFENDANT-APPELLANT.


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 t 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