| PEARL TECHNOLOGIES, INC. V MONOLITHIC COATINGS, INC., AND TECHNICAL ROOFING SOLUTIONS, INC., DOING BUSINESS AS ROOF-TEK |
| Motion No: CA 10-00869 |
| Slip Opinion No: 2010 NY Slip Op 69857(U) |
| Decided on April 22, 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00869
| PEARL TECHNOLOGIES, INC., PLAINTIFF-APPELLANT, V MONOLITHIC
COATINGS, INC., AND TECHNICAL ROOFING SOLUTIONS, INC., DOING BUSINESS AS ROOF-TEK,
DEFENDANTS-RESPONDENTS. |
Respondent Technical Roofing Solutions, Inc. 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 Wayne on December 8, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of John V. Hartzell, Esq. dated April 1, 2010 and April 14, 2010, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is dismissed because it is premature (see 22 NYCRR 1000.12 [a]).
Entered: April 22, 2010
Patricia L. Morgan, Clerk