| UNIVERSAL RESOURCES HOLDINGS, INC. V NORTH PENN PIPE & SUPPLY, INC. NORTH PENN PIPE & SUPPLY, INC., - V WHEATLAND TUBE |
| Motion No: CA 11-01647 |
| Slip Opinion No: 2011 NY Slip Op 84361(U) |
| Decided on September 15, 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 11-01647
| UNIVERSAL RESOURCES HOLDINGS, INC., PLAINTIFF-APPELLANT, V
NORTH PENN PIPE & SUPPLY, INC., DEFENDANT-RESPONDENT. NORTH PENN PIPE & SUPPLY, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, V
WHEATLAND TUBE COMPANY AND WHEATLAND STEEL PRODUCTS COMPANY, THIRD-PARTY
DEFENDANTS-RESPONDENTS. |
Respondents Wheatland Tube Company and Wheatland Steel Products Company 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 Chautauqua on April 29, 2011, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael F. Chelus, Esq., dated August 10, 2011, the affidavit of Michael F. Chelus, Esq., sworn to August 17, 2011, the notice of motion with proof of service thereof, and the affirmation of J. Ryan White, Esq., dated August 25, 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 November 14, 2011.
Entered: September 15, 2011
Patricia L. Morgan, Clerk