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

CA 20-00696
CA 20-00716

JORGE BELTRAN, PLAINTIFF-RESPONDENT, V BUFFALO URBAN RENEWAL AGENCY, ET AL., DEFENDANTS, WATERFRONT HOUSING DEVELOPMENT FUND CORP., WATERFRONT PHASE I LLC, NORSTAR BUILDING CORPORATION AND S.A.B. SPECIALTIES, LLC, DEFENDANTS-APPELLANTS. S.A.B. SPECIALTIES, LLC, THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT, V BLAS ZUNIGA BUILDERS, LLC, THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 1.) JORGE BELTRAN, PLAINTIFF-RESPONDENT, V BUFFALO URBAN RENEWAL AGENCY, DEFENDANT, WATERFRONT HOUSING DEVELOPMENT FUND CORP., WATERFRONT PHASE I LLC, NORSTAR BUILDING CORP., S.A.B. SPECIALTIES, LLC, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. ———————————————————— —— S.A.B. SPECIALTIES, LLC, THIRD-PARTY PLAINTIFF v BLAS ZUNIGA BUILDERS, LLC, THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Third-party defendant Blas Zuniga Builders, LLC having moved to vacate the dismissal of its appeals taken herein from orders of the Supreme Court, Erie County, entered May 14, 2020 (appeal No. 1), and May 12, 2020 (appeal No. 2), and having separately moved for an extension of time to file a respondent's brief in appeal No. 1,

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

It is hereby ORDERED that the motion seeking to vacate dismissal of the appeals is denied, with leave to renew upon the timely filing and service of a new motion that includes an affidavit setting forth sufficient facts to demonstrate that the appeals are meritorious (see 22 NYCRR 1250.10 [c]), and

It is further ORDERED that the motion seeking an extension of time to file a respondent's brief in appeal No. 1 is granted, and the time to file the brief is extended to April 7, 2021.

Entered: March 12, 2021

Mark W. Bennett

Clerk of the Court