UTICA LAND EQUITIES, LLC V UTICA HOLDING COMPANY
Motion No: NOS. CA 09-01411 AND CA 09-01412
Slip Opinion No: 2009 NY Slip Op 78782(U)
Decided on July 15, 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.


July 15, 2009

DOCKET NOS. CA 09-01411 AND CA 09-01412

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 appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on March 26, 2009 and April 13, 2009, on the ground that appellant has failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Douglas H. Zamelis dated July 1, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Matthew W. Hearle dated July 9, 2009,

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 September 14, 2009.

Entered: July 15, 2009

Patricia L. Morgan, Clerk