| PEAK DEVELOPMENT, LLC V CONSTRUCTION EXCHANGE AND CIEA |
| Motion No: CA 11-02437 |
| Slip Opinion No: 2011 NY Slip Op 93497(U) |
| Decided on December 20, 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 11-02437
| PEAK DEVELOPMENT, LLC, PLAINTIFF-APPELLANT, V CONSTRUCTION
EXCHANGE AND CIEA, DEFENDANTS-RESPONDENTS. |
Respondents 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 Erie on July 5, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of William H. Baaki, Esq., sworn to December 2, 2011, and December 9, 2011, the affidavits of Justin S. White, Esq., sworn to December 7, 2011, and December 12, 2011, and the notices of motion and cross motion with proof of service thereof, 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 February 21, 2012.
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: December 20, 2011
Patricia L. Morgan, Clerk