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 66573(U)
Decided on March 25, 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 25, 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.


Kinsbury Corporation having moved 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 papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Kinsbury Corporation shall perfect the cross appeal on or before May 20, 2019, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.

Memorandum: No further extensions of time to perfect the cross appeal will be granted absent an unanticipated and extraordinary excuse for the delay.

Entered: March 25, 2019

Mark W. Bennett, Clerk