| BORTECH COMPANY, INC. V STEPHEN H. LABARGE, SUBURBAN PIPE CO., INC., LABARGE BROTHERS CO., INC., LABARGE MID-ATLANTIC |
| Motion No: CA 11-00317 |
| Slip Opinion No: 2011 NY Slip Op 67041(U) |
| Decided on March 11, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00317
| BORTECH COMPANY, INC., PLAINTIFF-APPELLANT, V STEPHEN H.
LABARGE, SUBURBAN PIPE CO., INC., LABARGE BROTHERS CO., INC., LABARGE MID-ATLANTIC CORPORATION, THE KERITE COMPANY, AND
SAFECO INSURANCE COMPANY OF AMERICA, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 20, 2011,
Now, upon reading and filing the affidavit of Todd Gustafson, Esq. sworn to February 11, 2011, the notice of motion with proof of service thereof, and the affidavit of Timothy D. Boldt, Esq. sworn to February 18, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and appellant shall perfect the appeal on or before April 21, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 11, 2011
Patricia L. Morgan, Clerk