Opinion
DOCKET NO. CA 15-00220 DOCKET NO. CA 15-00221
04-16-2015
BRIAN LIPPENS, DEFENDANT-RESPONDENT, v. WINKLER INTERNATIONAL CORPORATION, ET AL., DEFENDANTS, WINKLER BACKEREITECHNIK GMBH, WERNER & PFLEIDERER INDUSTRIELLE BACKTECHNIK GMBH, BAKERY ENGINEERING/WINKLER, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) BRIAN LIPPENS, DEFENDANT-RESPONDENT, v. WINKLER INTERNATIONAL CORPORATION, ET AL., DEFENDANTS, WINKLER BACKEREITECHNIK GMBH, WERNER & PFLEIDERER INDUSTRIELLE BACKTECHNIK GMBH, BAKERY ENGINEERING/WINKLER, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant Bakery Engineering/Winkler, Inc. having moved for an extension of time to perfect its appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 16, 2014 (appeal No. 1), and November 19, 2014 (appeal No. 2),
Now, upon reading and filing the affidavit of Jeffrey P. DiPalma, Esq., sworn to March 25, 2015, the notice of motion with proof of service thereof, and the affidavit of Leslie F. Ruff, Esq., sworn to April 3, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as appellant Bakery Engineering/Winkler, Inc. seeks an extension of time to perfect its appeal taken from the order entered June 16, 2014, and appellant Bakery Engineering/Winkler, Inc. shall perfect the appeal on or before May 5, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as Bakery Engineering/Winkler, Inc. seeks an extension of time to perfect its appeal taken from the order entered November 19, 2014, is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: April 16, 2015
Frances E. Cafarell, Clerk