| CASTLETON DEVELOPMENT, LLC, KURT SILVESTRO, MICHAEL PALOMBO V GREENMAN-PEDERSEN, INC. |
| Motion No: CA 11-00361 |
| Slip Opinion No: 2011 NY Slip Op 67745(U) |
| Decided on March 22, 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 11-00361
| CASTLETON DEVELOPMENT, LLC, KURT SILVESTRO, MICHAEL PALOMBO,
PLAINTIFFS-RESPONDENTS, V GREENMAN-PEDERSEN, INC., DEFENDANT-APPELLANT. |
Respondents 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 Niagara on November 5, 2010, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the aforementioned appeal,
Now, upon reading and filing the affirmations of Duane D. Schoonmaker, Esq. dated February 18, 2011, and March 3, 2011, and the affirmation of Howard R. Birnbach, Esq. dated February 25, 2011, the notices of motion and cross motion with proof of service thereof, 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 May 23, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: March 22, 2011
Patricia L. Morgan, Clerk