JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF D.B., T.B., AND C.B., INFANTS, ZACHARY HERR AND
Motion No: CA 23-01906
Slip Opinion No: 2024 NY Slip Op 77237(U)
Decided on October 21, 2024
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 21, 2024

PRESENT: LINDLEY, J.P., BANNISTER, MONTOUR, OGDEN, AND GREENWOOD, JJ.

CA 23-01906

JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF D.B., T.B., AND C.B., INFANTS,

ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENTS

AND NATURAL GUARDIANS OF C.H. AND H.H., INFANTS, NATHAN E.

KORSON AND ELENA KORSON, INDIVIDUALLY AND AS PARENTS AND

NATURAL GUARDIANS OF L.K., AN INFANT,

PLAINTIFFS-APPELLANTS,

V

CITY OF NIAGARA FALLS, NIAGARA FALLS WATER BOARD,

GLENN SPRINGS HOLDINGS, INC., CONESTOGA-ROVERS &

ASSOCIATES, CECOS INTERNATIONAL, INC., MILLER SPRINGS

REMEDIATION MANAGEMENT, INC., OCCIDENTAL CHEMICAL

CORPORATION, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO

HOOKER CHEMICAL AND PLASTICS CORPORATION,OP-TECH

ENVIRONMENTAL SERVICES, DEFENDANT-RESPONDENT,

ROY'S PLUMBING, INC., SCOTT LAWN YARD, INC., SEVENSON

ENVIRONMENTAL SERVICES, INC., DEFENDANTS-RESPONDENTS.

(ACTION NO. 1)



LISA PIERINI, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF N.P. INFANT, AND DANNI PIERINI, PLAINTIFFS,

V

CITY OF NIAGARA FALLS, NIAGARA FALLS WATER BOARD,

GLENN SPRINGS HOLDINGS, INC., CONESTOGA-ROVERS &

ASSOCIATES, CECOS INTERNATIONAL, INC., MILLER SPRINGS

REMEDIATION MANAGEMENT, INC., OCCIDENTAL CHEMICAL

CORPORATION, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO

HOOKER CHEMICAL AND PLASTICS CORPORATION,OP-TECH

ENVIRONMENTAL SERVICES, DEFENDANT-RESPONDENT,

ROY'S PLUMBING, INC., SCOTT LAWN YARD, INC., SEVENSON

ENVIRONMENTAL SERVICES, INC., DEFENDANTS.

(ACTION NO. 2)


Plaintiffs-appellants having moved upon the return of an order to show cause granted by Honorable Mark A. Montour on September 16, 2024 to withdraw as counsel pursuant to CPLR 321 in the appeal taken herein from an order of the Supreme Court, Niagara County, entered September 5, 2023, and for other relief,

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 insofar as plaintiffs' counsel seek to withdraw is granted and Phillips & Paolicell, LLP; Waters Krause Paul & Siegel; Fanizzi & Barr, P.C.; and Christen Civiletto, Esq. are discharged as counsel to plaintiffs, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is granted on the condition that the appeal is perfected on or before February 18, 2025, and

It is further ORDERED that the motion insofar as it seeks to be filed under seal is granted.

Entered: October 21, 2024

Ann Dillon Flynn

Clerk of the Court