| LP CIMINELLI, INC. V H. OLSEN & SONS CONTRACTORS, EXCELSIOR INSURANCE CO., AND PEERLESS INSURANCE |
| Motion No: CA 10-02434 |
| Slip Opinion No: 2010 NY Slip Op 91851(U) |
| Decided on December 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. |
DOCKET NO. CA 10-02434
| LP CIMINELLI, INC., PLAINTIFF-RESPONDENT, V H. OLSEN & SONS
CONTRACTORS, EXCELSIOR INSURANCE CO., AND PEERLESS INSURANCE, DEFENDANTS-APPELLANTS. |
Respondent having 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 Chautauqua on June 17, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Ryan K. Cummings, Esq. dated December 9, 2010, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: December 23, 2010
Patricia L. Morgan, Clerk