| DARRYL KACZMAREK V THE EVERGREEN FOUNDATION OF WESTERN NY, LPCIMINELLI, INC., , AND INSULATION COATINGS & CONSULTANTS |
| Motion No: CA 21-00289 |
| Slip Opinion No: 2021 NY Slip Op 73381(U) |
| Decided on September 27, 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, CARNI, AND LINDLEY, JJ.
CA 21-00289
| DARRYL KACZMAREK, PLAINTIFF-RESPONDENT, V THE
EVERGREEN FOUNDATION OF WESTERN NY, LPCIMINELLI, INC., DEFENDANTS-RESPONDENTS-APPELLANTS, AND INSULATION COATINGS &
CONSULTANTS, LLC, DEFENDANT-APPELLANT-RESPONDENT, THE EVERGREEN FOUNDATION OF WESTERN NY, LPCIMINELLI,
INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS, AND INSULATION COATINGS & CONSULTANTS, LLC, THIRD-PARTY
PLAINTIFF-APPELLANT, V GYPSUM SYSTEMS, INC, THIRD-PARTY THIRD-PARTY
DEFENDANT-RESPONDENT-APPELLANT. |
Defendants The Evergreen Foundation of Western NY and LPCiminelli, Inc. having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered December 30, 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 is granted on the condition that the appeal is perfected on or before November 26, 2021.
Entered: September 27, 2021
Ann Dillon Flynn
Clerk of the Court