| MATTHEW M. HILLMAN, SR. V STATE UNIVERSITY CONSTRUCTION FUND, LPCIMINELLI, INC., FNUB, INC., AND FNUB, LLC, AND HUBER |
| Motion No: CA 21-00458 |
| Slip Opinion No: 2021 NY Slip Op 73467(U) |
| Decided on October 18, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 21-00458
| MATTHEW M. HILLMAN, SR. PLAINTIFF, V STATE
UNIVERSITY CONSTRUCTION FUND, LPCIMINELLI, INC., FNUB, INC., AND FNUB, LLC, AND HUBER CONSTRUCTION
INC., DEFENDANTS. STATE UNIVERSITY CONSTRUCTION FUND, LPCIMINELLI, INC., FNUB, INC., AND FNUB, LLC,
THIRD-PARTY PLAINTIFFS-RESPONDENTS, V HUBER CONSTRUCTION INC., THIRD-PARTY DEFENDANT-APPELLANT.
|
Huber Construction Inc., having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered on February 2, 2021,
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 December 20, 2021.
Entered: October 18, 2021
Ann Dillon Flynn
Clerk of the Court