RONALD INSOGNA V THE POLISSENI FAMILY LIMITED PARTNERSHIP SPOLETA CONSTRUCTION LLC, SPOLETA CONSTRUCTION CORP., SPOLETA
Motion No: CA 11-00625
Slip Opinion No: 2011 NY Slip Op 71893(U)
Decided on May 4, 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.


May 4, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 11-00625

RONALD INSOGNA, PLAINTIFF-RESPONDENT,

V

THE POLISSENI FAMILY LIMITED PARTNERSHIP,

DEFENDANT-APPELLANT,

SPOLETA CONSTRUCTION LLC, SPOLETA CONSTRUCTION CORP.,

SPOLETA CONSTRUCTION MANAGER SERVICES, INC., DEFENDANTS.

SPOLETA CONSTRUCTION LLC, SPOLETA CONSTRUCTION CORP.,

SPOLETA CONSTRUCTION MANAGER SERVICES, INC.,

THIRD-PARTY PLAINTIFFS,

V

RICK'S PROPERTY MAINTENANCE, INC.,

THIRD-PARTY DEFENDANT-RESPONDENT.



THE LAW FIRM OF JANICE M. IATI, P.C., RESPONDENT.


The Law Firm of Janice M. Iati, P.C. 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 Monroe on December 14, 2010, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Janice M. Iati, Esq. dated March 21, 2011, the notice of motion with proof of service thereof, and the affirmation of Kelly J. Philips, Esq. dated April 4, 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 July 5, 2011.

Entered: May 4, 2011

Patricia L. Morgan, Clerk