Scott v. Henny Penny Corp.

Full title: GERALD SCOTT, PLAINTIFF-APPELLANT, v. HENNY PENNY CORPORATION…

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

Date published: Jul 25, 2016

2016 N.Y. Slip Op. 80835 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01196

07-25-2016

GERALD SCOTT, PLAINTIFF-APPELLANT, v. HENNY PENNY CORPORATION, DEFENDANT-RESPONDENT, GUERTIN DISTRIBUTORS, INC., ET AL., DEFENDANTS. HENNY PENNY CORPORATION, THIRD-PARTY PLAINTIFF-RESPONDENT, v. LARNARD SCOTT DOING BUSINESS AS REDMAN'S CHICKEN N'RIBS, THIRD-PARTY DEFENDANT.

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 of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on September 23, 2016,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to July 14, 2016, the notice of motion with proof of service thereof, and the affidavit of Richard L. Weber, Esq., sworn to July 15, 2016, 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 September 23, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: July 25, 2016

Frances E. Cafarell, Clerk