| RICHARD TURNMIRE V CONCRETE APPLIED TECHNOLOGIES CORPORATION, DOING BUSINESS AS CATCO, COUNTY OF ERIE, AND URS |
| Motion No: NOS. CA 07-02350 AND CA 07-02351 |
| Slip Opinion No: 2008 NYSlipOp 68876(U) |
| Decided on April 8, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND GORSKI, JJ.
DOCKET NOS. CA 07-02350 AND CA 07-02351
| RICHARD TURNMIRE, PLAINTIFF-RESPONDENT, V CONCRETE APPLIED
TECHNOLOGIES CORPORATION, DOING BUSINESS AS CATCO, COUNTY OF ERIE, AND URS CORPORATION, DEFENDANTS-APPELLANTS. (APPEAL NO.
1.) RICHARD H. TURNMIRE, PLAINTIFF-RESPONDENT, V CONCRETE APPLIED TECHNOLOGIES CORPORATION, DOING BUSINESS AS
CATCO, URS CORPORATION, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.) |
Respondent having moved, upon the order to show cause granted by the Honorable Jerome C. Gorski, to dismiss the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 26, 2007 and October 19, 2007, on the ground that appellants have failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affidavit of Eugene C. Tenney sworn to April 1, 2008. said show cause order with proof of service thereof, the opposing affirmation of Mark J. Schaeffer dated April 2, 2008, the opposing affirmation of Peter L. Powers dated April 4, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to dismiss be, and the same hereby is, granted, and the appeals are dismissed unless appellants file 11 copies of the transcript of the motion argument of December 1, 2006, with proof of service thereof, on or before May 8, 2008, and the motion is otherwise denied.
Entered: April 8, 2008
JoAnn M. Wahl, Clerk