MICHAEL DAHAR V HOLLAND LAND & MANUFACTURING COMPANY, GREEN BULL, INC., HANES SUPPLY, INC., BECHTEL CORPORATION
Motion No: CA 10-00546
Slip Opinion No: 2010 NY Slip Op 67246(U)
Decided on March 30, 2010
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.


March 30, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-00546

MICHAEL DAHAR, PLAINTIFF-APPELLANT,

V

HOLLAND LAND & MANUFACTURING COMPANY,

GREEN BULL, INC., HANES SUPPLY, INC.,

BECHTEL CORPORATION, BECHTEL NATIONAL, INC.,

WARNER G. MARTIN, AND SHIRLEY J. MARTIN,

DEFENDANTS-RESPONDENTS,

BECHTEL CORPORATION AND BECHTEL NATIONAL, INC., THIRD-PARTY

PLAINTIFFS-RESPONDENTS,

V

WEST METAL WORKS, INC.,

THIRD-PARTY DEFENDANT-RESPONDENT.


Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 17, 2009,

Now, upon reading and filing the affidavit of John A. Collins sworn to March 16, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Julia M. Hilliker dated March 24, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, on the condition that appellant perfect the appeal on or before June 1, 2010.

Entered: March 30, 2010

Patricia L. Morgan, Clerk