| DARRYL KACZMAREK V THE EVERGREEN FOUNDATION OF WESTERN NY, LPCIMINELLI, INC., , AND INSULATION COATINGS & CONSULTANTS |
| Motion No: CA 21-00289 |
| Slip Opinion No: 2022 NY Slip Op 61017(U) |
| Decided on January 3, 2022 |
| 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. |
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 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 January 26, 2022, and in the event of failure to so perfect, the appeal will be deemed dismissed without further order.
Memorandum: No further extensions of time to perfect will be granted to movant's present counsel absent an unanticipated and extraordinary excuse for the delay.
Entered: January 3, 2022
Ann Dillon Flynn
Clerk of the Court