FRANCES WADDELL V MILWAUKEE THP, LLC, AND BENDERSON DEVELOPMENT COMPANY, LLC
Motion No: CA 21-01258
Slip Opinion No: 2022 NY Slip Op 73428(U)
Decided on October 18, 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.


October 18, 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.


Respondent TC Notaro Contracting, Inc. having moved for an extension of time to file and serve a sur-reply brief on 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 denied.

Entered: October 18, 2022

Ann Dillon Flynn

Clerk of the Court