| UTICA LAND EQUITIES, LLC V UTICA HOLDING COMPANY |
| Motion No: CA 09-00327 |
| Slip Opinion No: 2009 NYSlipOp 69800(U) |
| Decided on April 13, 2009 |
| 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 09-00327
| UTICA LAND EQUITIES, LLC, PLAINTIFF, V UTICA HOLDING COMPANY,
DEFENDANT. UTICA HOLDING COMPANY, COUNTERCLAIM PLAINTIFF-RESPONDENT, V COOLIDGE UTICA LLC, COUNTERCLAIM
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on January 5, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Douglas H. Zamelis dated March 30, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Matthew Hearle dated April 9, 2009,
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 June 12, 2009.
Entered: April 13, 2009
Patricia L. Morgan, Deputy Clerk