Opinion
DOCKET NO. CA 17-01685
10-10-2017
GARY STIEGMAN, PLAINTIFF-APPELLANT-RESPONDENT, v. THE BARDEN & ROBESON CORPORATION, INDIVIDUALLY AND DOING BUSINESS AS BARDEN HOMES, B & H CARPENTRY, DEFENDANTS-RESPONDENTS-APPELLANTS, ET AL., DEFENDANTS.
PRESENT:
Defendants-respondents-appellants having moved for an extension of time to perfect their appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 13, 2016, and plaintiff having cross-moved to vacate dismissal of his appeal taken from the same order, and for an extension of time to perfect his appeal,
Now, upon reading and filing the affirmation of Thomas P. Cunningham, Esq., dated September 25, 2017, the affidavit of Jeffrey P. DiPalma, Esq., sworn to September 27, 2017, the affidavit of Brain R. Hogan, Esq., sworn to September 28, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that defendants-respondents-appellants' motions are granted, and defendants-respondents-appellants shall perfect their appeals on or before December 11, 2017, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and
It is further ORDERED that plaintiff's cross motion is granted, on the condition that plaintiff perfects his appeal on or before December 11, 2017.
Entered: October 10, 2017
Mark W. Bennett, Clerk