Opinion
Motion CA 21-00289
01-03-2022
DARRYL KACZMAREK, PLAINTIFF-RESPONDENT, v. THE EVERGREEN FOUNDATION OF WESTERN NY, LPCIMINELLI, INC., DEFENDANTS-RESPONDENTS-APPELLANTS, AND INSULATION COATINGS & CONSULTANTS, LLC, DEFENDANT-APPELLANT-RESPONDENT, THE EVERGREEN FOUNDATION OF WESTERN NY, LPCIMINELLI, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS-APPELLANTS, AND INSULATION COATINGS & CONSULTANTS, LLC, THIRD-PARTY PLAINTIFF-APPELLANT, v. GYPSUM SYSTEMS, INC, THIRD-PARTY THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT.
Unpublished Opinion
MOTION DECISION
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
Insulation Coatings & Consultants, LLC, having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Erie County, entered December 30, 2020,
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 by Insulation Coatings & Consultants, LLC for an extension of time to perfect is granted, the time to file and serve a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to January 26, 2022, and in the event of failure to so perfect, the appeal will be deemed dismissed without further order.
Memorandum: No further extensions of time to perfect will be granted to movant's present counsel absent an unanticipated and extraordinary excuse for the delay.