| LORI HOOVER AND JESSICA BOWERS V NEW HOLLAND NORTH AMERICA, INC., FORMERLY KNOWN AS FORD NEW HOLLAND, INC., CASE NEW |
| Motion No: CA 12-00002 |
| Slip Opinion No: 2012 NY Slip Op 62961(U) |
| Decided on January 27, 2012 |
| 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 12-00002
| LORI HOOVER AND JESSICA BOWERS, PLAINTIFFS-RESPONDENTS, V NEW
HOLLAND NORTH AMERICA, INC., FORMERLY KNOWN AS FORD NEW HOLLAND, INC., CASE NEW HOLLAND, INC., NIAGARA FRONTIER EQUIPMENT SALES,
INC., FORMERLY KNOWN AS NIAGARA FORD NEW HOLLAND, INC., DEFENDANTS-APPELLANTS, AND NEAPCO, INC., ET AL., DEFENDANTS.
CNH AMERICA LLC, THIRD-PARTY PLAINTIFF-APPELLANT, V KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS THE TEMPORARY
ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY DEFENDANT-RESPONDENT.
——————————————————————&
mdash;——- GKN WALTERSCHEID, INC., THIRD-PARTY PLAINTIFF, V KYLE P. ANDREWS, TREASURER OF NIAGARA COUNTY, AS THE
TEMPORARY ADMINISTRATOR FOR THE ESTATE OF GARY HOOVER, DECEASED, THIRD-PARTY
DEFENDANT. |
Plaintiffs-respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on September 30, 2011, on the ground that defendants-appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John A. Collins, Esq., sworn to December 29, 2011, the notice of motion with proof of service thereof, and the affidavit of Paul F. Jones, Esq., sworn to January 12, 2012, 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 March 27, 2012.
Entered: January 27, 2012
Frances E. Cafarell, Clerk