IN THE MATTER OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ASSERTING CLAIMS IN ITS OWN RIGHT, AND AS THE

IN THE MATTER OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ASSERTING CLAIMS IN ITS OWN RIGHT, AND AS THE

Motion No: CA 19-00678

Slip Opinion No: 2019 NY Slip Op 67941(U)

Decided on April 11, 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.

April 11, 2019

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

CA 19-00678

IN THE MATTER OF TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, ASSERTING CLAIMS IN ITS OWN RIGHT, AND AS THE
ASSIGNEE AND REAL PARTY IN INTEREST OF THE CLAIMS OF
DIPIZIO CONSTRUCTION COMPANY, INC.,
PETITIONER-PLAINTIFF-APPELLANT,
V
ERIE CANAL HARBOR DEVELOPMENT CORPORATION,
DEFENDANT-RESPONDENT-RESPONDENT.

An appeal having been taken herein from an order of the Supreme Court, Erie County, entered September 18, 2018,

Now, upon reading and filing the stipulation of the parties to extend the time to perfect the appeal,

It is hereby ORDERED that the appeal shall be perfected on or before June 17, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 11, 2019

Mark W. Bennett

Clerk of the Court