| KENWORTH OF BUFFALO, NY, INC. V HYDROACOUSTICS, INC. HYDROACOUSTICS, INC., - V ANTHONY J. COSTELLO & SON (MAX) |
| Motion No: CA 10-01375 |
| Slip Opinion No: 2010 NY Slip Op 77010(U) |
| Decided on July 13, 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 10-01375
| KENWORTH OF BUFFALO, NY, INC., PLAINTIFF-RESPONDENT, V
HYDROACOUSTICS, INC., DEFENDANT-RESPONDENT. HYDROACOUSTICS, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, V ANTHONY J. COSTELLO &
SON (MAX) DEVELOPMENT, LLC, THIRD-PARTY DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 31, 2010,
Now, upon reading and filing the affidavit of Stephen E. Hall, Esq. sworn to June 24, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]; see also 22 NYCRR 1000.12).
Entered: July 13, 2010
Patricia L. Morgan, Clerk