| JAMES KAVANAUGH, HELEN KAVANAUGH, AND MATTHEW G. KAVANAUGH V MARTHA KAVANAUGH, AND MARY ELLEN KAVANAUGH NEIL KAVANAUGH |
| Motion No: CA 20-01024 |
| Slip Opinion No: 2021 NY Slip Op 64773(U) |
| Decided on April 13, 2021 |
| 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. |
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND NEMOYER, JJ.
CA 20-01024
CA 20-01025
| JAMES KAVANAUGH, HELEN KAVANAUGH, AND MATTHEW G. KAVANAUGH,
PLAINTIFFS-APPELLANTS, V MARTHA KAVANAUGH, AND MARY ELLEN KAVANAUGH, DEFENDANTS-RESPONDENTS, NEIL KAVANAUGH,
CONSUMERS BEVERAGES, INC., AND KAVCON DEVELOPMENT LLC, DEFENDANTS-RESPONDENTS-APPELLANTS. (Action 1. ) (Appeal No.
1.) MATTHEW KAVANAUGH, INDIVIDUALLY AND AS A DIRECTOR OF CONSUMERS BEVERAGES, INC., A MEMBER OF KAVACON DEVELOPMENT LLC, AND A
DIRECTOR OF KAVCO DISTRIBUTING COMPANY, INC., PLAINTIFF-APPELLANT, V NEIL KAVANAUGH, ALSO KNOWN AS CORNELIUS KAVANAUGH, AND
MARTHA KAVANAUGH, DEFENDANTS-RESPONDENTS-APPELLANTS, AND MARY ELLEN KAVANAUGH, DEFENDANT-RESPONDENT. (Action 2.) (Appeal No.
2.) |
Defendant Neil Kavanaugh having moved for an extension of time to perfect the cross appeals and file a brief on the appeals taken herein from orders of the Supreme Court, Erie County, entered June 5, 2020,
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 insofar as it seeks to vacate the dismissal of appeal No. 2 is granted on the condition that the appeal is perfected on or before May 3, 2021, and
It is further ORDERED that the motion is otherwise granted and the time to file and serve a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to May 3, 2021.
Entered: April 13, 2021
Mark W. Bennett
Clerk of the Court