| ROBERT GROSS AND LORI E. WEIDNER V BUILDING SOLUTIONS, INC., AND TODD R. HUBER, AS PRESIDENT |
| Motion No: CA 24-01271 |
| Slip Opinion No: 2025 NY Slip Op 69301(U) |
| Decided on May 15, 2025 |
| 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. |
PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 24-01271
| ROBERT GROSS AND LORI E. WEIDNER, PLAINTIFFS-APPELLANTS, V
BUILDING SOLUTIONS, INC., AND TODD R. HUBER, AS PRESIDENT, DEFENDANTS-RESPONDENTS. |
Respondents having moved for permission to file a supplemental record on appeal and for an extension of time to file a responding brief on the appeal taken herein from an order of Supreme Court, Erie County, entered July 2, 2024,
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 to the extent it seeks an extension of time to file a respondents' brief is granted, and the time is extended to June 16, 2025, and
It is further ORDERED that the motion to the extent it seeks permission to file a supplemental record on appeal is denied without prejudice to a motion in Supreme Court to resettle the record on appeal to include the disputed items and, without prejudice to an appeal from the order deciding that motion, if necessary (see 22 NYCRR 1250.7 [g]; 1000.7 [b]; Matter of Stewart v Soda, 239 AD2d 966, 966 [4th Dept 1997]; see also Meyer v Doyle Chevrolet, 234 AD2d 1016, 1016 [4th Dept 1996]).
Entered: May 15, 2025
Ann Dillon Flynn
Clerk of the Court