| STEPHEN LOPRESTI V OGDEN CENTER DEVELOPMENT CORP. OGDEN CENTER DEVELOPMENT CORP., - V GREAT LAKES DRYWALL, INC. AND |
| Motion No: CA 10-02271 |
| Slip Opinion No: 2010 NY Slip Op 91674(U) |
| Decided on December 16, 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. |
DOCKET NO. CA 10-02271
| STEPHEN LOPRESTI, PLAINTIFF, V OGDEN CENTER DEVELOPMENT CORP.,
DEFENDANT. OGDEN CENTER DEVELOPMENT CORP., THIRD-PARTY PLAINTIFF-APPELLANT, V GREAT LAKES DRYWALL, INC. AND
HENRIETTA BUILDING SUPPLY, INC., THIRD-PARTY DEFENDANTS-RESPONDENTS. |
Respondents having moved and cross-moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 3, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Gary H. Abelson, Esq. dated November 12, 2010, and November 17, 2010, and the affidavit of Thomas E. Liptak, Esq. sworn to November 18, 2010, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without costs.
Entered: December 16, 2010
Patricia L. Morgan, Clerk