| THE BOARD OF EDUCATION OF THE SOLVAY UNION FREE SCHOOL DISTRICT V J.D. TAYLOR CONSTRUCTION CORPORATION, TURNER |
| Motion No: CA 11-01485 |
| Slip Opinion No: 2011 NY Slip Op 81334(U) |
| Decided on August 16, 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 11-01485
| THE BOARD OF EDUCATION OF THE SOLVAY UNION FREE SCHOOL DISTRICT,
PLAINTIFF-RESPONDENT, V J.D. TAYLOR CONSTRUCTION CORPORATION, TURNER CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS,
AND QPK DESIGN, DEFENDANT-APPELLANT. J.D. TAYLOR CONSTRUCTION CORPORATION, THIRD-PARTY PLAINTIFF, V DAMACO WINDOW
CONTRACTORS, INC., THIRD-PARTY DEFENDANT-RESPONDENT AND KALWALL CORPORATION, THIRD-PARTY
DEFENDANTS. |
Respondent J.D. Taylor Construction Corporation 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 Onondaga on May 9, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jason B. Bailey, Esq., dated July 20, 2011, the notice of motion with proof of service thereof, and the affirmation of Jenna W. Klucsik, Esq., dated August 11, 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 October 17, 2011.
Entered: August 16, 2011
Patricia L. Morgan, Clerk