IN THE MATTER OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ASSERTING CLAIMS IN ITS OWN RIGHT, AND AS THE

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

Slip Opinion No: 2019 NY Slip Op 81061(U)

Decided on September 30, 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.

September 30, 2019

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

CA 19-00661

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 moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered September 18, 2018,

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

It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before November 29, 2019.

Entered: September 30, 2019

Mark W. Bennett

Clerk of the Court