DAVID SHAMBLEN V COTT BEVERAGES, INC. .
Motion No: CA 19-01299
Slip Opinion No: 2019 NY Slip Op 83203(U)
Decided on October 28, 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.


October 28, 2019

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

CA 19-01299

DAVID SHAMBLEN, PLAINTIFF,

V

COTT BEVERAGES, INC., ET AL., DEFENDANTS.



COTT BEVERAGES, INC., THIRD-PARTY PLAINTIFF,

V

CYRIL & SONS CONTRACTORS, INC., DOING

BUSINESS AS EASTERN TANK SERVICES THIRD-PARTY

DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered May 9, 2019,

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

It is hereby ORDERED that the motion is granted, the time to perfect the appeal is extended to January 9, 2020, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: October 28, 2019

Mark W. Bennett

Clerk of the Court