| IN THE MATTER OF THE PETITION FOR THE DISSOLUTION OF SELECT FABRICATORS, INC. SELECT FABRICATORS, INC. V WILLIAM HOGE |
| Motion No: CA 11-01298 |
| Slip Opinion No: 2011 NY Slip Op 79250(U) |
| Decided on July 21, 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: CENTRA, J.P., FAHEY, CARNI, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 11-01298
DOCKET NO. CA 11-01299
| IN THE MATTER OF THE PETITION FOR THE DISSOLUTION OF SELECT
FABRICATORS, INC. SELECT FABRICATORS, INC., PLAINTIFF-RESPONDENT, V WILLIAM HOGE AND WILLIAM HOGE CONSULTING, INC.,
DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) IN THE MATTER OF THE PETITION FOR THE DISSOLUTION OF SELECT FABRICATORS, INC.
SELECT FABRICATORS, INC., PLAINTIFF-RESPONDENT, V WILLIAM HOGE AND WILLIAM HOGE CONSULTING, INC.,
DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Respondent 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 Ontario on February 3, 2011 (Appeal No. 1), on the ground that appellants have failed to perfect timely the appeal, and to dismiss the appeal taken from an order of said court entered April 27, 2011 (Appeal No. 2),
Now, upon reading and filing the affidavits of Jason S. DiPonzio, Esq., sworn to June 20, 2011, and July 8, 2011, the notice of motion with proof of service thereof, and the affirmation of William Roby, Esq., dated July 5, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and Appeal No. 1 is dismissed without further order unless the appeal is perfected on or before September 19, 2011, and
It is further ORDERED that the motion to dismiss Appeal No. 2 is dismissed with leave to renew upon briefing of the appeal.
Entered: July 21, 2011
Patricia L. Morgan, Clerk