| BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT |
| Motion No: CA 19-00871 |
| Slip Opinion No: 2019 NY Slip Op 70324(U) |
| Decided on May 10, 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-00871
| BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA
AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA, INC.,
PLAINTIFFS-RESPONDENTS, V CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR CONDITIONING, INC.,
DEFENDANTS-APPELLANTS. LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED
STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA,
INC., AND ALL OTHER NAMED INSUREDS UNDER POLICY #12944761, PLAINTIFFS-RESPONDENTS, V CREATIVE COMFORT SYSTEMS, INC., AND
REIMER HEATING AND AIR CONDITIONING, INC., DEFENDANTS-APPELLANTS. |
Appellants having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Niagara County, entered November 8, 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 July 15, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: May 10, 2019
Mark W. Bennett
Clerk of the Court