Benevolent & Protective Order of Elks v. Creative Comfort Sys., Inc.

Full title: BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 9, 2019

2019 N.Y. Slip Op. 74964 (N.Y. App. Div. 2019)

Opinion

CA 19-00871

07-09-2019

BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA, INC., PLAINTIFFS-RESPONDENTS, v. CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR CONDITIONING, INC., DEFENDANTS-APPELLANTS. LEXINGTON INSURANCE COMPANY, AS SUBROGEE OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA AND NORTH TONAWANDA LODGE NUMBER 860 OF BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF UNITED STATES OF AMERICA, INC., AND ALL OTHER NAMED INSUREDS UNDER POLICY #12944761, PLAINTIFFS-RESPONDENTS, v. CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR CONDITIONING, INC., DEFENDANTS-APPELLANTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellants having applied for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Niagara County, entered November 8, 2018,

Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,

It is hereby ORDERED that the application is granted, the time to perfect the appeal is extended to August 14, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 9, 2019

Mark W. Bennett

Clerk of the Court