| TAG MECHANICAL SYSTEMS, INC. V V.I.P. STRUCTURES, INC. |
| Motion No: CA 08-01126 |
| Slip Opinion No: 2008 NYSlipOp 74759(U) |
| Decided on June 9, 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 NO. CA 08-01126
| TAG MECHANICAL SYSTEMS, INC., PLAINTIFF-RESPONDENT, V V.I.P.
STRUCTURES, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 10, 2008, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Robert J. Smith sworn to May 21, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Rebecca A. Crance sworn to May 30, 2008, the notice of cross motion with proof of service thereof, the reply affidavit of Paul G. Ferrara sworn to June 4, 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 August 8, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.
Entered: June 9, 2008
JoAnn M. Wahl, Clerk