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

CA 19-00779

THE PIKE COMPANY, INC., PLAINTIFF-RESPONDENT-APPELLANT, V JERSEN CONSTRUCTION GROUP, LLC AND WESTERN SURETY COMPANY, DEFENDANTS-APPELLANTS-RESPONDENTS. (ACTION NO. 1.) JERSEN CONSTRUCTION GROUP, LLC, PLAINTIFF-APPELLANT-RESPONDENTS, V THE PIKE COMPANY, INC., DEFENDANT-RESPONDENT-APPELLANTS, AND FIDELITY AND DEPOSITION COMPANY OF MARYLAND, DEFENDANT-RESPONDENT. (ACTION NO. 2.) JERSEN CONSTRUCTION GROUP, LLC, PLAINTIFF-APPELLANT, V FIDELITY AND DEPOSIT COMPANY OF MARYLAND, DEFENDANT-RESPONDENT, ET AL. DEFENDANTS. (ACTION NO. 3.)

Appellants Jersen Construction Group, LLC and Western Surety Company having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Monroe County, entered October 19, 2018, and cross-appellant The Pike Company, Inc. having applied for an extension of time to perfect their cross-appeal,

Now, upon reading and filing the papers with respect to the applications, and due deliberation having been had thereon,

It is hereby ORDERED that the application of appellants Jersen Construction Group, LLC and Western Surety Company is granted, the time to perfect the appeal is extended to July 1, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the application of cross-appellant The Pike Company, Inc. is granted, the time to file and serve a respondent-appellant's brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to July 31, 2019, and, in the event of failure to file the brief, the cross appeal is hereby dismissed without further order.

Entered: May 1, 2019

Mark W. Bennett

Clerk of the Court