| 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 80677(U) |
| Decided on August 23, 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: MARTOCHE, J. P., PERADOTTO, LINDLEY, PINE, AND GORSKI, 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.) |
Plaintiffs-appellants Joseph Timmons and Jennifer Timmons (plaintiffs-appellants) having moved to vacate the dismissal of the appeal taken herein from a decision of the Supreme Court entered in the Office of the Clerk of the County of Oswego on April 24, 2009, and defendant Colony Insurance Company having cross-moved to vacate dismissal of its cross appeal taken herein from the order of said Court entered in the Office of the Clerk of the County of Oswego on April 24, 2009, and for other relief,
Now, upon reading and filing the affidavit of Joanne Van Dyke, Esq. sworn to June 30, 2010, the affidavit of Sabrina A. Victor, Esq. dated July 15, 2010, the notices of motion and cross motion with proof of service thereof, the affidavit of Paul G. Joyce, Esq. sworn to July 15, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that plaintiffs-appellants' appeal from the April 24, 2009 decision is deemed to be a valid appeal from the order entered April 24, 2009 (see CPLR 5520 [c]), and
It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of plaintiffs-appellants' appeal is granted on the condition that the appeal is perfected on or before October 22, 2010, and
It is further ORDERED that the cross motion insofar as it seeks to consolidate the appeals herein from the order entered April 24, 2009 is granted, and
It is further ORDERED that the cross motion to vacate dismissal of the cross appeal is granted on the condition that defendant Colony Insurance Company's cross appeal from the order entered April 24, 2009 is perfected on or before November 26, 2010.
Entered: August 23, 2010
Patricia L. Morgan, Clerk