| DOMMER CONSTRUCTION CORPORATION V SAVARINO CONSTRUCTION SERVICES CORP., THE CINCINNATI INSURANCE COMPANY |
| Motion No: CA 10-02058 |
| Slip Opinion No: 2010 NY Slip Op 87689(U) |
| Decided on November 8, 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 10-02058
| DOMMER CONSTRUCTION CORPORATION, PLAINTIFF-APPELLANT, V
SAVARINO CONSTRUCTION SERVICES CORP., THE CINCINNATI INSURANCE COMPANY,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 5, 2010, and for other relief,
Now, upon reading and filing the affidavit of Michael J. Willett, Esq. sworn to October 8, 2010, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appellant shall perfect the appeal on or before November 24, 2010, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: November 8, 2010
Patricia L. Morgan, Clerk