GARY E. WARREN AND MARY WARREN V E.J. MILITELLO CONCRETE, INC. VERIZON NEW YORK INC. GARY E. WARREN AND MARY WARREN V
Motion No: CA 18-01085
Slip Opinion No: 2019 NY Slip Op 64905(U)
Decided on March 1, 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.


March 1, 2019

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

DOCKET NO. CA 18-01085
DOCKET NO. CA 18-01821

GARY E. WARREN AND MARY WARREN, PLAINTIFFS-APPELLANTS,

V

E.J. MILITELLO CONCRETE, INC., ET AL., DEFENDANTS,

VERIZON NEW YORK INC., DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

GARY E. WARREN AND MARY WARREN, PLAINTIFFS-RESPONDENTS,

V

E.J. MILITELLO CONCRETE, INC., AND DESTRO & BROTHERS CONCRETE

COMPANY, INC., HATCH MOTT MACDONALD NY, INC.,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)


Respondent Verizon New York Inc. having applied for an extension of time to file and serve a brief on 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 August 18, 2017,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted on the condition that respondent Verizon New York Inc.'s brief is filed and served on or before April 3, 2019, and the Clerk is directed to accept the brief for filing.

Entered: March 1, 2019

Mark W. Bennett, Clerk