IN THE MATTER OF THE APPLICATION OF MARTIN DOWNEY, KIMBERLY DOWNEY, GARY HOWARTH, BERNADETTE HOWARTH, PAUL GORMAN
Motion No: CA 22-00381
Slip Opinion No: 2023 NY Slip Op 61847(U)
Decided on February 6, 2023
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.


February 6, 2023

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

CA 22-00381

IN THE MATTER OF THE APPLICATION OF MARTIN DOWNEY,

KIMBERLY DOWNEY, GARY HOWARTH, BERNADETTE HOWARTH,

PAUL GORMAN, LESLIE GORMAN, GEORGE SIRADAS, DAVID FRIEDER,

BEVERLY DIPALMA, JIM DIPALMA, BRIAN MCKENNA,

LINDA MCKENNA, LOU SZYMANSKI, JEANETTE TACKETT,

KEN TACKETT, MARK DREISS, JENNIFER STACHNIC, SUSAN FOX,

WALTER DONALDSON, DAVID MILLER, MERLE SCHRECKENGOST, MARK

COOPER, PHIL GRALNIK, NANCY GRALNIK, SHARON DOLL, PAT

OGDEN, MARY MARTIN, TIM MARTIN, DEEDEE SOLMAN, JAY SOLMAN

AND OLGA MELKOZEROVA, PETITIONERS-APPELLANTS,

V

CITY OF NORTH TONAWANDA, MCW CONSTRUCTION, INC.,RESPONDENTS-RESPONDENTS, ET AL., RESPONDENT.


MCW Construction, Inc. having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court, Niagara County, entered February 1, 2022,

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 and the time is extended to February 14, 2023.

Entered: February 6, 2023

Ann Dillon Flynn

Clerk of the Court