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 74575(U)
Decided on November 1, 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.


November 1, 2021

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.


Defendant Insulation Coatings & Consultants, LLC having moved for an extension of time to perfect 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, the time to perfect the appeal is extended to November 26, 2021, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 1, 2021

Ann Dillon Flynn

Clerk of the Court