ROBERT S. SZCZERBINSKI V OAB HOLDING, INC. .
Motion No: CA 19-00263
Slip Opinion No: 2019 NY Slip Op 68694(U)
Decided on April 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.


April 18, 2019

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

CA 19-00263

ROBERT S. SZCZERBINSKI, ET AL., PLAINTIFFS,

V

OAB HOLDING, INC., ET AL., DEFENDANTS.



HOIST LIFTRUCK MFG, INC., THIRD-PARTY PLAINTIFF,

V

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

INC., THIRD-PARTY DEFENDANT-APPELLANT.

—————————————————— ——————————

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

INC., FOURTH-PARTY PLAINTIFF-APPELLANT,

V

ATLANTIC RICHFIELD COMPANY, ATLANTIC RICHFIELD COMPANY AS

SUCCESSOR IN INTEREST TO ATLANTIC RICHFIELD DELAWARE

CORPORATION, FOURTH-PARTY DEFENDANTS-RESPONDENTS, ET AL.,

FOURTH-PARTY DEFENDANT.


Appellant having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered August 23, 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, the time to perfect the appeal is extended to May 30, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: April 18, 2019

Mark W. Bennett

Clerk of the Court