IN THE MATTER OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ASSERTING CLAIMS IN ITS OWN RIGHT, AND AS THE
Motion No: CA 19-00661 AND CA 19-00678
Slip Opinion No: 2019 NY Slip Op 72852(U)
Decided on June 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.


June 10, 2019

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

CA 19-00661 AND 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.


Appellant having applied for an extension of time to perfect the appeals taken herein from orders of the Supreme Court, Erie County, entered September 18, 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 appeals is extended to July 17, 2019, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: June 10, 2019

Mark W. Bennett

Clerk of the Court