PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 24-01155

JOHN DAVID WIELOSZYNSKI, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DANIEL ANDREW WIELOSZYNSKI, AN INFANT, ET AL., PLAINTIFFS-APPELLANTS, V CITY OF NIAGARA FALLS, 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, ROY'S PLUMBING, INC., SCOTT LAWN YARD, INC., SEVENSON ENVIRONMENTAL SERVICES, INC., DEFENDANTS-RESPONDENTS.

Plaintiffs-appellants having moved upon the return of an order to show cause granted by Honorable Craig D. Hannah on December 3, 2024, to withdraw as counsel pursuant to CPLR 321 on the appeal taken herein from an order of the Supreme Court, Niagara County, entered March 11, 2024, 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; 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 May 13, 2025, and

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

Entered: January 13, 2025

Ann Dillon Flynn

Clerk of the Court