| TILTCRETE, LLC V WIDEWATERS CONSTRUCTION INC. |
| Motion No: NOS. CA 11-02301, CA 11-02302, AND CA 11-02303 |
| Slip Opinion No: 2012 NY Slip Op 62998(U) |
| Decided on January 30, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 11-02301, CA 11-02302, AND CA 11-02303
| TILTCRETE, LLC, PLAINTIFF-APPELLANT, V WIDEWATERS
CONSTRUCTION INC., DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 15, 2011, August 25, 2011, and August 29, 2011, on the ground that appellant has failed to perfect timely the appeals,
Now, upon reading and filing the affirmations of Martha L. Berry, Esq., dated December 27, 2011, and January 19, 2012, the notice of motion with proof of service thereof, and the affidavit of Alan R. Peterman, Esq., sworn to January 3, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before March 30, 2012.
Entered: January 30, 2012
Frances E. Cafarell, Clerk