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 68026(U)
Decided on June 30, 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.


June 30, 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 to vacate dismissal of 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 on the condition that the appeals are perfected on or before July 30, 2020.

Entered: June 30, 2020

Mark W. Bennett

Clerk of the Court