R & D Elecs., Inc. v. NYP Mgmt., Co.

Full title: R & D ELECTRONICS, INC., PLAINTIFF-RESPONDENT, v. NYP MANAGEMENT, CO.…

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

Date published: Nov 8, 2017

2017 N.Y. Slip Op. 91915 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-01819

11-08-2017

R & D ELECTRONICS, INC., PLAINTIFF-RESPONDENT, v. NYP MANAGEMENT, CO., INC., DEFENDANT-APPELLANT. CATTARAUGUS COUNTY BANK, NON-PARTY RESPONDENT AND PLAINTIFF-RESPONDENT, v. NYP MANAGEMENT, CO., INC., DEFENDANT-APPELLANT.

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

PRESENT:

Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on December 29, 2017,

Now, upon reading and filing the affirmations of John J. Keenan, Esq., dated October 10, 2017, and October 18, 2017, the notice of motion with proof of service thereof, and the affirmation of Mark C. Davis, Esq., dated October 31, 2017, 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 December 12, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 8, 2017

Mark W. Bennett, Clerk