| MICHAEL REW V VALEO, INC. AND VALEO ENGINE COOLING, INC. VALEO, INC. V DIVERSIFIED ERECTION SERVICES, INC., . |
| Motion No: CA 11-00985 |
| Slip Opinion No: 2011 NY Slip Op 75069(U) |
| Decided on June 8, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-00985
| MICHAEL REW, PLAINTIFF-RESPONDENT, V VALEO, INC. AND VALEO
ENGINE COOLING, INC., DEFENDANTS-APPELLANTS. VALEO, INC. THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT, V DIVERSIFIED
ERECTION SERVICES, INC., THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT. |
Third-party plaintiff having moved to dismiss the appeal taken herein by third-party defendant from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 22, 2010, on the ground that third-party defendant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of William D. Christ, Esq. sworn to May 10, 2011, the notice of motion with proof of service thereof, the affidavit of Samuel J. Capizzi, Esq. sworn to May 16, 2011, and the affidavit of Wendy A. Scott, Esq. sworn to May 17, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and third-party defendant's appeal is dismissed without further order unless the appeal is perfected on or before August 1, 2011.
Entered: June 8, 2011
Patricia L. Morgan, Clerk