| MICHAEL ESSENBACHER V GARY KISER TRUCKING, INC. , A.J. ROTH CONSTRUCTION, INC., ACTIVE WORKFORCE, INC., EAN HOLDINGS |
| Motion No: CA 25-01731 |
| Slip Opinion No: 2026 NY Slip Op 63064(U) |
| Decided on February 2, 2026 |
| 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: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-01731
CA 25-01081
| MICHAEL ESSENBACHER, PLAINTIFF-APPELLANT, V GARY KISER
TRUCKING, INC., ET AL., DEFENDANTS, A.J. ROTH CONSTRUCTION, INC., ACTIVE WORKFORCE, INC., EAN HOLDINGS, LLC, AND ENTERPRISE RENT-A-CAR,
ALSO KNOWN AS ENTERPRISE HOLDINGS, INC., DEFENDANTS-RESPONDENTS. MICHAEL ESSENMACHER,
PLAINTIFF-RESPONDENT-APPELLANT, V GARY KISER TRUCKING, INC., DESTRY DEAN SKEENS, DEFENDANTS-APPELLANTS, JEFFREY T. JOHNSON, A.J.
ROTH CONSTRUCTION, INC., ACTIVE WORKFORCE, INC., EAN HOLDINGS, LLC, AND ENTERPRISE RENT-A-CAR, ALSO KNOWN AS
ENTERPRISE HOLDINGS, INC., DEFENDANTS-RESPONDENTS. |
Michael Essenmacher having moved for an extension of time to perfect the cross appeals taken herein from orders of the Supreme Court, Erie County, entered March 18, 2025 and March 20, 2026,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, the time to perfect the cross appeals are extended to March 16, 2026, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: February 2, 2026
Ann Dillon Flynn
Clerk of the Court