CARROWAY LUXURY HOMES, LLC V INTEGRA SUPPLY CORPORATION
Motion No: CA 08-00528
Slip Opinion No: 2008 NYSlipOp 67645(U)
Decided on March 24, 2008
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.


March 24, 2008

DOCKET NO. CA 08-00528

CARROWAY LUXURY HOMES, LLC, PLAINTIFF-RESPONDENT,

V

INTEGRA SUPPLY CORPORATION, DEFENDANT-APPELLANT.


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 Onondaga on November 8, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Sherry R. Bruce sworn to March 10, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Frank A. Sarat dated March 14, 2008, the reply affidavit of Sherry R. Bruce sworn to March 17, 2008,

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

May 23, 2008.

Entered: March 24, 2008

JoAnn M. Wahl, Clerk