| JUSTINE DECARLO V CLYDE BERGEMANN US, INC., DOING BUSINESS AS CLYDE BERGEMANN EEC, DUNKIRK POWER LLC, PATENT |
| Motion No: CA 11-00816 |
| Slip Opinion No: 2011 NY Slip Op 71090(U) |
| Decided on April 27, 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 11-00816
| JUSTINE DECARLO, PLAINTIFF-APPELLANT, V CLYDE BERGEMANN US,
INC., DOING BUSINESS AS CLYDE BERGEMANN EEC, DUNKIRK POWER LLC, PATENT CONSTRUCTION SYSTEMS, AND RAYMOND C. BELTER,
DEFENDANTS-RESPONDENTS. |
Respondents Clyde Bergemann US, Inc. doing business as Clyde Bergemann EEC, and Dunkirk Power LLC 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 Erie on November 23, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Dennis R. McCoy, Esq. sworn to April 15, 2011, the notice of motion with proof of service thereof, the affidavit of William K. Kennedy, Esq. sworn to April 20, 2011, and the affirmation of Alan D. Voos, Esq. dated April 20, 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 June 27, 2011.
Entered: April 27, 2011
Patricia L. Morgan, Clerk