S & T BANK V TOP CAPITAL OF NEW YORK , SWAN TILE AND MARBLE, INC., DIMARCO CONSTRUCTORS, JAMES C. DELLY, DOING BUSINESS
Motion No: CA 19-01908
Slip Opinion No: 2020 NY Slip Op 62428(U)
Decided on February 6, 2020
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.


February 6, 2020

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

CA 19-01908

S & T BANK, PLAINTIFF-RESPONDENT,

V

TOP CAPITAL OF NEW YORK, ET AL., DEFENDANTS,

SWAN TILE AND MARBLE, INC., DIMARCO CONSTRUCTORS,

JAMES C. DELLY, DOING BUSINESS AS JAMES C. DELLY CUSTOM

PAINTING, US CEILING CORP., KENNEDY MECHANICAL PLUMBING AND

HEATING, INC., NORTHEAST COMMERCIAL FLOORING, INC., BBT

CONSTRUCTION SERVICES, INC., DEFENDANTS-APPELLANTS.


Respondent having applied for an extension of time to file and serve a brief on the appeal taken herein from an amended order of the Supreme Court, Monroe County, entered September 20, 2019,

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 and the time is extended to March 11, 2020.

Entered: February 6, 2020

Mark W. Bennett

Clerk of the Court