| 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 69976(U) |
| Decided on April 26, 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, PERADOTTO, CARNI, AND LINDLEY, JJ.
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 Destro & Brothers Concrete Company, Inc. having applied for an extension of time to perfect its appeal taken herein from an order of the Supreme Court, Erie County, entered 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, the time to perfect the appeal is extended to May 13, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 26, 2019
Mark W. Bennett
Clerk of the Court