| JAMES E. MCMANUS V COUNTY OF ONONDAGA . COUNTY OF ONONDAGA V JAMES M. KRAUS, DOING BUSINESS AS JAMES M. KRAUS |
| Motion No: CA 10-01334 |
| Slip Opinion No: 2010 NY Slip Op 77011(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 10-01334
| JAMES E. MCMANUS, PLAINTIFF, V COUNTY OF ONONDAGA, ET AL.,
DEFENDANTS. COUNTY OF ONONDAGA, ET AL., THIRD-PARTY PLAINTIFFS, V JAMES M. KRAUS, DOING BUSINESS AS JAMES M. KRAUS
CONSTRUCTION, THIRD-PARTY DEFENDANT-RESPONDENT, AND H. G. SPICER & SON, INC., THIRD-PARTY DEFENDANT-APPELLANT, H. G. SPICER &
SON, INC., FOURTH-PARTY PLAINTIFF, V TREVOR MORRIS DOING BUSINESS AS CREATIVE HARDSCAPES, FOURTH-PARTY
DEFENDANT-APPELLANT. |
Third-party defendant-respondent having moved to dismiss the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 10, 2010, on the ground that appellants have failed to perfect timely the appeal,
Appellant H.G. Spicer having cross-moved for an extension of time to perfect its appeals taken from the same order,
Now, upon reading and filing the affirmation of Stephen A. Davoli, Esq. dated June 18, 2010, the affidavit of Daniel P. Fletcher, Esq. sworn to July 1, 2010, the notices of motion and cross motion with proof of service thereof, the affirmation of Richard P. Plochocki, Esq. dated June 29, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before September 13, 2010, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 13, 2010
Patricia L. Morgan, Clerk