BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT
Motion No: CA 19-02055
Slip Opinion No: 2020 NY Slip Op 64158(U)
Decided on March 2, 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.


March 2, 2020

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

CA 19-02055
CA 19-01356

BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF

AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT

AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA,

PLAINTIFFS-RESPONDENTS,

V

CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR

CONDITIONING, INC., DEFENDANTS-APPELLANTS.

(Appeal No. 1.)

BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF

AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT

AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA,

PLAINTIFFS-RESPONDENTS,

V

CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR

CONDITIONING, INC., DEFENDANTS-APPELLANTS.

(Appeal No. 2.)


Appellants having moved for an extension of time to perfect the appeals taken herein from a judgment and an order of the Supreme Court, Niagara County, entered May 22, 2019 (appeal No. 1), and June 24, 2019 (appeal No. 2),

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, the time to perfect the appeals is extended to May 1, 2020, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Memorandum: No further extensions of time to perfect appeal No. 1 will be granted absent an unanticipated and extraordinary excuse for the delay.

Entered: March 2, 2020

Mark W. Bennett

Clerk of the Court