Easton v. M.A. Mortenson Co.

Full title: ALFRED E. EASTON, JR. AND JANET EASTON, PLAINTIFFS-APPELLANTS, v. M.A…

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

Date published: Jul 24, 2017

2017 N.Y. Slip Op. 81249 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-01009

07-24-2017

ALFRED E. EASTON, JR. AND JANET EASTON, PLAINTIFFS-APPELLANTS, v. M.A. MORTENSON COMPANY, MODERN MOSAIC LIMITED, HARBORCENTER DEVELOPMENT LLC, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. M.A. MORTENSON COMPANY AND HARBORCENTER DEVELOPMENT, LLC, THIRD-PARTY PLAINTIFFS, v. PRECAST SERVICES INC., THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 1.)

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

PRESENT:

Appellant Precast Services Inc. having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 19, 2016,

Now, upon reading and filing the affirmation of William K. Kennedy, Esq., dated July 13, 2017, and 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, and appellant shall perfect the appeal on or before November 6, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 24, 2017

Frances E. Cafarell, Clerk