| JOSEPH TIMMONS AND JENNIFER TIMMONS V BARRETT PAVING MATERIALS, INC. (ACTION NO. 1.) |
| Motion No: CA 10-01067 |
| Slip Opinion No: 2010 NY Slip Op 75904(U) |
| Decided on June 29, 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 10-01067
| JOSEPH TIMMONS AND JENNIFER TIMMONS, PLAINTIFFS-APPELLANTS, V
BARRETT PAVING MATERIALS, INC., DEFENDANT-RESPONDENT. (ACTION NO. 1.) BARRETT PAVING MATERIALS, INC., DEFENDANT-THIRD
PARTY PLAINTIFF/RESPONDENT, V SCHNEIDER BROTHERS CORPORATION, BARRETT PAVING MATERIALS, INC.,
PLAINTIFF-RESPONDENT, V COLONY INSURANCE COMPANY, DEFENDANT-APPELLANT. (ACTION NO. 2.) |
Appellants Joseph Timmons and Jennifer Timmons having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on April 24, 2009, appellant Colony Insurance Company having cross-moved for an extension of time to perfect its cross appeal taken herein from the same order and for other relief,
Now, upon reading and filing the affidavit of Joanne Van Dyke, Esq. sworn to May 10, 2010, the affirmation of Shelly L. DiBenedetto, Esq. dated May 26, 2010, the notices of motion and cross motion with proof of service thereof, the affidavit of Stuart B. Shapiro, Esq. sworn to May 21, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are dismissed, without prejudice to motions to vacate dismissal pursuant to 22 NYCRR 1000.13 (g), and
It is further ORDERED that the cross motion is otherwise dismissed without prejudice.
Entered: June 29, 2010
Patricia L. Morgan, Clerk