| GARY E. WARREN AND MARY WARREN V E.J. MILITELLO CONCRETE, INC., DESTRO & BROTHERS CONCRETE COMPANY, INC., AND HATCH |
| Motion No: CA 18-01821 |
| Slip Opinion No: 2019 NY Slip Op 65990(U) |
| Decided on March 18, 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., CENTRA, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
DOCKET NO. CA 18-01821
| GARY E. WARREN AND MARY WARREN, PLAINTIFFS-RESPONDENTS, V E.J.
MILITELLO CONCRETE, INC., DESTRO & BROTHERS CONCRETE COMPANY, INC., AND HATCH MOTT MACDONALD NY, INC.,
DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Appellant E.J. Militello Concrete, Inc. 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 30, 2018,
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, and appellant E.J. Militello Concrete, Inc. shall perfect the appeal on or before April 29, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 18, 2019
Mark W. Bennett, Clerk