Opinion
Motion No: CA 13-01163 DOCKET NO. CA 13-01164
01-08-2014
BOLIVAR SUPERMARKET, INC., ET AL., PLAINTIFFS-APPELLANTS, BESTWAY CARTING, INC., ET AL., PLAINTIFFS, 10 ELLICOTT SQUARE COURT CORP. DOING BUSINESS AS ELLICOTT DEVELOPMENT CO., INTERVENOR-PLAINTIFF-APPELLANT, v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD AND ROBERT E. BELOTEN, AS CHAIRMAN OF THE WORKERS' COMPENSATION BOARD, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) BOLIVAR SUPERMARKET, INC., ET AL., PLAINTIFFS-APPELLANTS, BESTWAY CARTING, INC., ET AL, PLAINTIFFS, 10 ELLICOTT SQUARE COURT CORP. DOING BUSINESS AS ELLICOTT DEVELOPMENT CO., INTERVENOR-PLAINTIFF-APPELLANT, v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD AND ROBERT E. BELOTEN, AS CHAIRMAN OF THE WORKERS' COMPENSATION BOARD, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)
PRESENT: , P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Appellants having moved to withdraw the appeals of Bestway Carting, Inc., Butler Disposal Systems Inc., City Recycling Corp., Costanza Enterprises, Inc., Currier Plastics, Inc., EFJ, Inc., Engineered Composites, Inc., Ivy Lea Construction, Inc., Kenrick Corporation, Maddaj-AJ, Inc., Mark Cerrone, Inc., Midland Management, LLC, Natures's Value Inc., North Shore Ambulance and Oxygen Service Inc., P & G Foods of Dunkirk, Inc., Prestige Management & Development Corp., Ted Clark's Busy Market, Inc., Tentina Window Fashions, Inc., Thomas O. Miller & Co., Inc., Utopia A-J Market, Inc., and Wen Management Corp., having moved to extend the time to perfect the remaining appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Allegany on February 26, 2013 (appeal No.1), and April 3, 2013, (appeal No. 2), and having moved for other relief,
Now, upon reading and filing the affidavit of Craig R. Bucki, Esq., sworn to December 5, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to withdraw said appeals, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the remaining appeals taken from orders entered February 26, 2013, and April 3, 2013, and appellants shall perfect those appeals on or before February 18, 2014, and, in the event of failure to so perfect, those appeals are hereby dismissed without further order, and
It is further ORDERED that the motion is otherwise dismissed as unnecessary.
Frances E. Cafarell, Clerk