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.

Gypsum Systems Inc. and Insulation Coatings & Consultants, LLC, having moved for extensions of time to perfect the appeals 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 by Insulation Coatings & Consultants, LLC for an extension of time to perfect is granted, the time to file and serve a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to December 27, 2021, and in the event of failure to so perfect, the appeal will be deemed dismissed without further order.

It is further ORDERED that the motion by Gypsum Systems Inc. for an extension of time to perfect is granted, the time to file and serve a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to January 26, 2022 and in the event of failure to so perfect, the appeal will be deemed dismissed without further order.

Entered: November 22, 2021

Ann Dillon Flynn

Clerk of the Court