| CRAIG W. HAETTICH, V KLEWIN BUILDING COMPANY, INC., FORMERLY KNOWN AS C.R. KLEWIN INTERNATIONAL, KLEWIN GAMING AND |
| Motion No: CA 08-02257 |
| Slip Opinion No: 2008 NYSlipOp 89490(U) |
| Decided on November 17, 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 08-02257
| CRAIG W. HAETTICH, PLAINTIFF-APPELLANT-RESPONDENT, V KLEWIN
BUILDING COMPANY, INC., FORMERLY KNOWN AS C.R. KLEWIN INTERNATIONAL, KLEWIN GAMING AND HOSPITALITY, INC., BALDWIN CRANE &
EQUIPMENT CORPORATION, DEFENDANTS-RESPONDENTS-APPELLANTS, AND KELLY R. SMITH,
DEFENDANT-RESPONDENT. |
Defendant-respondent having moved to dismiss the appeal and cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Allegany on April 30, 2008, on the ground that appellants have failed to perfect timely the appeal and cross appeal,
Now, upon reading and filing the affidavit of Kelly J. Philips sworn to October 28, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Alan D. Voos dated November 5, 2008, the opposing affirmation of Dennis P. Glascott dated November 7, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, granted , the appeal is dismissed without further order unless the appeal is perfected on or before January 16, 2009, and the cross appeal is dismissed without further order unless the cross appeal is perfected on or before February 17, 2009.
Entered: November 17, 2008
JoAnn M. Wahl, Clerk