| VERIZON NEW YORK, INC. V BARLAM CONSTRUCTION CORP., AND ECSM UTILITY CONTRACTORS, INC. |
| Motion No: NOS. CA 11-00443 AND CA 11-00444 |
| Slip Opinion No: 2011 NY Slip Op 67779(U) |
| Decided on March 23, 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 NOS. CA 11-00443 AND CA 11-00444
| VERIZON NEW YORK, INC., PLAINTIFF-RESPONDENT, V BARLAM
CONSTRUCTION CORP., DEFENDANT AND ECSM UTILITY CONTRACTORS, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 27, 2010, and November 19, 2010, on the ground that appellant has failed to perfect timely the appeals, and appellant having cross-moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmations of Todd M. Sardella, Esq. dated February 17, 2011, and February 24, 2011, the affirmation of Neal S. Dobshinsky, Esq. dated March 7, 2011, and 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 appeals are dismissed without further order unless the appeals are perfected on or before May 23, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: March 23, 2011
Patricia L. Morgan, Clerk