Opinion
DOCKET NO. CA 16-01442
11-29-2016
IN THE MATTER OF HOWDEN NORTH AMERICA, INC., PETITIONER-RESPONDENT, v. CITY OF BUFFALO, THE BUFFALO SEWER AUTHORITY, RESPONDENTS, AND THE CHANCE COMPANY OF WNY, LLC, RESPONDENT-APPELLANT.
PRESENT:
Audrey D. Clark, on behalf of appellant, having moved for an extension of time to perfect the appeal taken herein from an order of the Erie County Court entered in the Office of the Clerk of the County of Erie on May 31, 2016,
Now, upon reading and filing the affidavit of Audrey Clarke sworn to November 1, 2016, the notice of motion with proof of service thereof, and the affidavit of Joanna J. Chen, Esq., sworn to November 21, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal submitted by an attorney on behalf of appellant (see CPLR 321 [a]; Colonial Surety Company v Lakeview Advisors LLC, 87 AD3d 1414; see also 22 NYCRR 1000.13 [g]).
Entered: November 29, 2016
Frances E. Cafarell, Clerk