| J. K. TOBIN CONSTRUCTION CO., INC. V DAVID J. HARDY CONSTRUCTION CO., INC. AND PAT J. BOMBARD |
| Motion No: NOS. CA 08-01071 AND CA 08-01072 |
| Slip Opinion No: 2008 NYSlipOp 73742(U) |
| Decided on May 27, 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. |
DOCKET NOS. CA 08-01071 AND CA 08-01072
| J. K. TOBIN CONSTRUCTION CO., INC., PLAINTIFF-RESPONDENT, V
DAVID J. HARDY CONSTRUCTION CO., INC., DEFENDANT, AND PAT J. BOMBARD, DEFENDANT-APPELLANT. DAVID J. HARDY CONSTRUCTION
CO., INC., THIRD-PARTY PLAINTIFF, V BOMBARD CAR CO., INC., THIRD-PARTY
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 15, 2008, on the ground that appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Richard K. Hughes sworn to May 13, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Theodore H. Limpert sworn to May 20, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals are dismissed without further order unless the appeals are perfected on or before August 29, 2008.
Entered: May 27, 2008
JoAnn M. Wahl, Clerk