| THE PIKE COMPANY, INC., V JERSEN CONSTRUCTION GROUP, LLC AND WESTERN SURETY COMPANY, . (ACTION NO. 1.) JERSEN |
| Motion No: CA 19-00779 |
| Slip Opinion No: 2019 NY Slip Op 73441(U) |
| Decided on June 17, 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 19-00779
| 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, Inc. 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,
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 31, 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 time for cross-appellant The Pike Company, Inc. to file and serve a respondent-appellant's brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to August 30, 2019, and, in the event of failure to file the brief, the cross appeal is hereby dismissed without further order.
Entered: June 17, 2019
Mark W. Bennett
Clerk of the Court