Opinion
DOCKET NO. CA 13-01595 DOCKET NO. CA 13-01596 DOCKET NO. CA 13-01597 DOCKET NO. CA 13-02027 DOCKET NO. CA 13-02028
03-20-2014
KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT, v. CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY SERVICES, INC. (ADT), DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT, v. CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY SERVICES, INC. (ADT), DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.) KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT, v. CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY SERVICES, INC. (ADT), U. & S. SERVICES, INC., DEFENDANTS-APPELLANTS, ET AL. DEFENDANTS. (APPEAL NO. 3.) KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT, v. CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY SERVICES, INC. (ADT), U. & S. SERVICES, INC., DEFENDANTS-APPELLANTS, ET AL. DEFENDANTS. (APPEAL NO. 4.) KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT, v. CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY SERVICES, INC. (ADT), U. & S. SERVICES, INC., DEFENDANTS-APPELLANTS, ET AL. DEFENDANTS. (APPEAL NO. 5.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellants City of Buffalo, Buffalo Urban Renewal Agency, Western New York Arena, LLC, HSBC Arena and ADT Security Services, Inc. having moved to 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 January 10, 2013 (appeal No. 1), January 29, 2013 (appeal No. 2), July 8, 2013 (appeal No. 3), and October 30, 2013 (appeal Nos. 4 and 5),
Now, upon reading and filing the affirmation of Adam Kazansky, Esq., dated February 20, 2014, the notice of motion with proof of service thereof, and the affidavit of Elizabeth G. Adymy, Esq., sworn to February 25, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the second ordering paragraph of the order of this Court entered December 4, 2013, is hereby amended by deleting the date February 25, 2014, and inserting in its place the date May 19, 2014, and
It is further ORDERED that the motion is granted to the extent that it seeks an extension of time for appellants City of Buffalo, Buffalo Urban Renewal Agency, Western New York Arena, LLC, HSBC Arena and ADT Security Services, Inc. to perfect appeal No. 3, and said appellants shall perfect appeal No. 3 on or before May 19, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 4 and 5 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Memorandum: No further extensions of time to perfect appeal Nos. 1 and 2 will be granted.
Frances E. Cafarell, Clerk