| DOLOMITE PRODUCTS COMPANY, INC. V ELAM SAND & GRAVEL CORPORATION, REGIONAL GRAVEL PRODUCTS, INC. AND JOSEPH SPEZIO |
| Motion No: CA 07-01618 |
| Slip Opinion No: 2007 NYSlipOp 81915(U) |
| Decided on October 18, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 07-01618
| DOLOMITE PRODUCTS COMPANY, INC., PLAINTIFF-APPELLANT, V ELAM SAND & GRAVEL CORPORATION, REGIONAL GRAVEL PRODUCTS, INC. AND JOSEPH SPEZIO, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 3, 2007, on the ground that plaintiff has not taken a timely appeal from the final judgment entered July 3, 2007,
Now, upon reading and filing the affirmation of Warren B. Rosenbaum dated
September 24, 2007, the notice of motion with proof of service thereof, the opposing affirmation of David J. Kerstein dated October 8, 2007,
It is further ORDERED that the motion be, and the same hereby is, denied.
Memorandum: The appeal is deemed to have been taken from the judgment entered
July 3, 2007 (see CPLR 5520 [c]).
Entered: October 18, 2007
JoAnn M. Wahl, Clerk