FRANCES WADDELL V MILWAUKEE THP, LLC, AND BENDERSON DEVELOPMENT COMPANY, LLC
Motion No: CA 21-01258
Slip Opinion No: 2022 NY Slip Op 65749(U)
Decided on May 10, 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.


May 10, 2022

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.

CA 21-01258

FRANCES WADDELL, PLAINTIFF-APPELLANT,

V

MILWAUKEE THP, LLC, AND BENDERSON DEVELOPMENT COMPANY, LLC,

DEFENDANTS-RESPONDENTS.



MILWAUKEE THP, LLC AND BENDERSON DEVELOPMENT COMPANY, LLC,

THIRD PARTY PLAINTIFFS-APPELLANTS,

V

TC NOTARO CONTRACTING, INC.

THIRD PARTY DEFENDANT-RESPONDENT.


Appellants, Milwaukee THP, LLC and Benderson Development Company, LLC, having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered August 9, 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 dismissed without prejudice to a motion to vacate the dismissal of the appeal (see 22 NYCRR 1250.10 [c]).

Entered: May 10, 2022

Ann Dillon Flynn

Clerk of the Court