| JOHN K. MARTINEZ V TAMBE ELECTRIC, INC. ROCHESTER INSTITUTE OF TECHNOLOGY, AND THE PIKE COMPANY, INC. ROCHESTER |
| Motion No: CA 09-01331 |
| Slip Opinion No: 2009 NY Slip Op 78826(U) |
| Decided on July 20, 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 09-01331
| JOHN K. MARTINEZ, PLAINTIFF-RESPONDENT, V TAMBE ELECTRIC, INC.,
DEFENDANT-APPELLANT, ROCHESTER INSTITUTE OF TECHNOLOGY, AND THE PIKE COMPANY, INC., DEFENDANTS-RESPONDENTS. ROCHESTER
INSTITUTE OF TECHNOLOGY, ET AL., THIRD-PARTY PLAINTIFFS, V BETLEM SERVICE CORPORATION, THIRD-PARTY
DEFENDANT-RESPONDENT. |
Respondent Betlem Service Corporation 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 Monroe on January 15, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of William K. Kennedy sworn to June 25, 2009, the notice of motion with proof of service thereof, the affidavit of James E. Maslyn sworn to June 27, 2009, the opposing affidavit of Rebecca E. Crance sworn to July 17, 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 September 18, 2009.
Entered: July 20, 2009
Patricia L. Morgan, Clerk