Opinion
DOCKET NO. CA 17-01009 DOCKET NO. CA 17-01010
10-02-2017
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.
PRESENT:
Plaintiffs-appellants Alfred E. Easton, Jr. and Janet Easton having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 19, 2016 (appeal No. 1), and April 3, 2017 (appeal No. 2),
Now, upon reading and filing the affirmation of Alan D. Voos, Esq., dated September 15, 2017, the notice of motion with proof of service thereof, and the statement of David R. Adams, Esq., dated September 26, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered July 10, 2017, is hereby amended by deleting the date October 2, 2017, and inserting in its place the date December 1, 2017, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: October 2, 2017
Mark W. Bennett, Clerk