WILLIAM C. PRENTICE V ROYAL NICKERSON NORNEW, INC., AND NORSE ENERGY CORP.
Motion No: CA 11-00112
Slip Opinion No: 2011 NY Slip Op 63785(U)
Decided on February 4, 2011
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.


February 4, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00112

WILLIAM C. PRENTICE, PLAINTIFF-RESPONDENT,

V

ROYAL NICKERSON, DEFENDANT,

NORNEW, INC., AND NORSE ENERGY CORP.,

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 Allegany on September 29, 2010, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavits of Jeffrey A. Black, Esq. sworn to January 12, 2011, and January 13, 2011, the notice of motion with proof of service thereof, and the affirmation of Marianne Arcieri, Esq. dated January 19, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 4, 2011.

Entered: February 4, 2011

Patricia L. Morgan, Clerk