| VERIZON NEW YORK INC. V ECSM UTILITY CONTRACTORS, INC. |
| Motion No: NOS. CA 11-00532 AND CA 11-00533 |
| Slip Opinion No: 2011 NY Slip Op 71052(U) |
| Decided on April 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 NOS. CA 11-00532 AND CA 11-00533
| VERIZON NEW YORK INC., PLAINTIFF-RESPONDENT, V 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 December 2, 2010, and December 16, 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 aforementioned appeals,
Now, upon reading and filing the affirmation of Todd M. Sardella, Esq. dated March 4, 2011, the affirmation of Neal S. Dobshinsky, Esq. dated March 25, 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 June 20, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: April 22, 2011
Patricia L. Morgan, Clerk