| SENECA PIPE & PAVING CO., INC. V CHRISTA CONSTRUCTION CO., INC. , AND JAVEN CONSTRUCTION CO., INC. |
| Motion No: CA 08-00798 |
| Slip Opinion No: 2008 NYSlipOp 70698(U) |
| Decided on April 28, 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 CENTRA, JJ.
DOCKET NO. CA 08-00798
| SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT, V CHRISTA
CONSTRUCTION CO., INC., ET AL., DEFENDANTS, AND JAVEN CONSTRUCTION CO., INC., DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on August 24, 2007,
Now, upon reading and filing the affirmation of Kevin M. Cox dated April 14, 2008, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant shall perfect the appeal on or before July 17, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: April 28, 2008
JoAnn M. Wahl, Clerk