| DOMINIC LAUDISIO V DIAMOND "D" CONSTRUCTION CORPORATION |
| Motion No: CA 07-02230 |
| Slip Opinion No: 2007 NYSlipOp 83168(U) |
| Decided on November 7, 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. |
DOCKET NO. CA 07-02230
| DOMINIC LAUDISIO, ET AL., PLAINTIFFS, V DIAMOND "D"
CONSTRUCTION CORPORATION, DEFENDANT-RESPONDENT. FIREMAN'S FUND INSURANCE COMPANY AND SPECIAL FUNDS CONSERVATION
COMMITTEE, APPELLANTS. |
Respondent 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 Erie on August 2, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Lisa A. Coppola sworn to October 15, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Willard M. Pottle, Jr. sworn to October 18, 2007,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
January 21, 2008.
Entered: November 7, 2007
JoAnn M. Wahl, Clerk