| 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 75200(U) |
| Decided on November 29, 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. |
The Evergreen Foundation of Western New York and LPCiminelli, Inc. 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 by Evergreen Foundation of Western New York and LPCiminelli, 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 December 27, 2021, and in the event of failure to so perfect, the appeal will be deemed dismissed without further order.
Entered: November 29, 2021
Ann Dillon Flynn
Clerk of the Court