Benevolent & Protective Order of Elks of U.S. & N. Tonawanda Lodge No. 860 of Benevolent & Protective Order of Elks of United States 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: Jun 30, 2020

2020 N.Y. Slip Op. 68026 (N.Y. App. Div. 2020)

Opinion

CA 19-02055 CA 19-01356

06-30-2020

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, PLAINTIFFS-RESPONDENTS, v. CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR CONDITIONING, INC., DEFENDANTS-APPELLANTS. (Appeal No. 1.) 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, PLAINTIFFS-RESPONDENTS, v. CREATIVE COMFORT SYSTEMS, INC., AND REIMER HEATING AND AIR CONDITIONING, INC., DEFENDANTS-APPELLANTS. (Appeal No. 2.)

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

PRESENT:

Appellants having moved to vacate dismissal of the appeals taken herein from a judgment and an order of the Supreme Court, Niagara County, entered May 22, 2019 (appeal No. 1), and June 24, 2019 (appeal No. 2),

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 is granted on the condition that the appeals are perfected on or before July 30, 2020.

Entered: June 30, 2020

Mark W. Bennett

Clerk of the Court