| FRANCESCO STRANGIO V SEVENSON ENVIRONMENTAL SERVICES, INC., AND THE GOODYEAR TIRE & RUBBER COMPANY SEVENSON |
| Motion No: CA 09-02244 |
| Slip Opinion No: 2009 NY Slip Op 89718(U) |
| Decided on November 23, 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 09-02244
| FRANCESCO STRANGIO, PLAINTIFF-APPELLANT, V SEVENSON
ENVIRONMENTAL SERVICES, INC., AND THE GOODYEAR TIRE & RUBBER COMPANY, DEFENDANTS-RESPONDENTS. SEVENSON ENVIRONMENTAL SERVICES,
INC., ET AL., THIRD-PARTY PLAINTIFFS, V THOMAS JOHNSON, INC., THIRD-PARTY
DEFENDANT-RESPONDENT. |
Third-party defendant-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 Niagara on August 14, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Michael T. Coutu sworn to November 2, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to November 13, 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 January 22, 2010.
Entered: November 23, 2009
Patricia L. Morgan, Clerk