LP CIMINELLI, INC. V JPW STRUCTURAL CONTRACTING, INC. .
Motion No: CA 22-00218
Slip Opinion No: 2022 NY Slip Op 71754(U)
Decided on September 12, 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.


September 12, 2022

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

CA 22-00218

LP CIMINELLI, INC., PLAINTIFF,

V

JPW STRUCTURAL CONTRACTING, INC., ET AL.,

DEFENDANTS.



JPW STRUCTURAL CONTRACTING, THIRD-PARTY

PLAINTIFF-RESPONDENT,

V.

LP CIMINELLI, INC., FEDERAL INSURANCE COMPANY,

LIBERTY MUTUAL INSURANCE COMPANY, TRAVELERS CASUALTY AND

SURETY COMPANY OF AMERICA, THIRD-PARTY

DEFENDANTS-APPELLANTS.


Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered December 21, 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 granted on the condition that the appeal is perfected on or before November 14, 2022.

Entered: September 12, 2022

Ann Dillon Flynn

Clerk of the Court