| JAMES E. MCMANUS V COUNTY OF ONONDAGA, ONONDAGA COUNTY HOUSING DEVELOPMENT FUND COMPANY, INC., . COUNTY OF ONONDAGA |
| Motion No: CA 10-01334 |
| Slip Opinion No: 2010 NY Slip Op 77546(U) |
| Decided on July 20, 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-RESPONDENT, V COUNTY OF
ONONDAGA, ONONDAGA COUNTY HOUSING DEVELOPMENT FUND COMPANY, INC., DEFENDANTS-RESPONDENTS-APPELLANTS. COUNTY OF ONONDAGA,
ONONDAGA COUNTY HOUSING DEVELOPMENT FUND COMPANY, INC., THIRD-PARTY PLAINTIFF-RESPONDENTS-APPELLANTS, 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-RESPONDENT, H. G. SPICER & SON, INC., FOURTH-PARTY PLAINTIFF, V TREVOR MORRIS DOING BUSINESS AS CREATIVE
HARDSCAPES, FOURTH-PARTY DEFENDANT-APPELLANT. |
Plaintiff having moved to dismiss the appeal of defendant/third-party plaintiffs County of Onondaga and Onondaga County Housing Development Fund Company, Inc. 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 those defendants/third-party plaintiffs have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Aaron J. Ryder, Esq. dated June 24, 2010, the notice of motion with proof of service thereof, the affidavit of Carol L. Rhinehart, Esq. sworn to July 7, 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 October 13, 2010.
Entered: July 20, 2010
Patricia L. Morgan, Clerk