| PETER SIMPSON V TRACE EQUIPMENT CORPORATION TRACE EQUIPMENT CORPORATION V PALLETS PLUS, INC., -. |
| Motion No: CA 08-00965 |
| Slip Opinion No: 2008 NYSlipOp 78597(U) |
| Decided on July 23, 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: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 08-00965
| PETER SIMPSON, PLAINTIFF-RESPONDENT, V TRACE EQUIPMENT
CORPORATION, DEFENDANT-APPELLANT. TRACE EQUIPMENT CORPORATION, THIRD-PARTY-PLAINTIFF, V PALLETS PLUS, INC., THIRD-PARTY
DEFENDANT-APPELLANT. |
Third-party defendant-appellant having moved for an extension of time to file its responding brief and perfect its appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 21, 2008,
Now, upon reading and filing the affidavit of Robert S. Stockton sworn to June 30, 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 third-party defendant-appellant shall perfect its appeal on or before August 8, 2008 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 23, 2008
JoAnn M. Wahl, Clerk