A.J.R. EQUITIES, INC. V SCOUT CONSTRUCTION MANAGEMENT, LLC .
Motion No: CA 19-00281
Slip Opinion No: 2019 NY Slip Op 76499(U)
Decided on July 29, 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.


July 29, 2019

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

CA 19-00281
CA 19-01285

A.J.R. EQUITIES, INC., ET AL., PLAINTIFFS,

V

SCOUT CONSTRUCTION MANAGEMENT, LLC, ET AL., DEFENDANTS.



SCOUT CONSTRUCTION MANAGEMENT, LLC, THIRD-PARTY

PLAINTIFF-RESPONDENT-APPELLANT,

V

JILL FUDO, THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT,

ET AL., THIRD-PARTY-DEFENDANTS.

(Appeal No. 1.)

A.J.R. EQUITIES, INC., PLAINTIFF,

V

SCOUT CONSTRUCTION MANAGEMENT, LLC, ET AL., DEFENDANTS.

———————————————————&m dash;————-

SCOUT CONSTRUCTION MANAGEMENT, LLC, THIRD-PARTY PLAINTIFF-APPELLANT,

V

JILL FUDO, THIRD-PARTY DEFENDANT-RESPONDENT,

ET AL, THIRD-PARTY DEFENDANTS.

(Appeal No. 2.)


Appellant Scout Construction Management, LLC having applied for an extension of time to perfect the appeals taken herein from orders of the Supreme Court, Onondaga County, entered January 24, 2019 (appeal No. 1), and July 3, 2019 (appeal No. 2),

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 insofar as it seeks an extension of time to perfect appeal No. 1 is granted, the time to perfect appeal No. 1 is extended to October 7, 2019,

and, in the event of failure to so perfect, appeal No. 1 is hereby dismissed without further order, and

It is hereby ORDERED that the application insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1250.10 [a]).

Entered: July 29, 2019

Mark W. Bennett

Clerk of the Court