| SUZANNE K. SAVAGE V ANDERSON'S FROZEN CUSTARD, INC. EMU AMERICAS, LLC, ALPHA CONTRACT FLOORING, INC., BUFFALO HOTEL |
| Motion No: CA 12-00307 |
| Slip Opinion No: 2012 NY Slip Op 66542(U) |
| Decided on March 2, 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 NO. CA 12-00307
| SUZANNE K. SAVAGE, PLAINTIFF-RESPONDENT, V ANDERSON'S FROZEN
CUSTARD, INC., DEFENDANT-APPELLANT, EMU AMERICAS, LLC, ALPHA CONTRACT FLOORING, INC., BUFFALO HOTEL SUPPLY, INC.,
DEFENDANTS-RESPONDENTS. ANDERSON'S FROZEN CUSTARD, INC., THIRD-PARTY PLAINTIFF-APPELLANT, V ALPHA CONTRACT FLOORING,
INC. AND BUFFALO HOTEL SUPPLY, INC., THIRD-PARTY DEFENDANTS-RESPONDENTS. |
Plaintiff-respondent 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 December 6, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Bradley J. Stamm, Esq., sworn to February 6, 2012, the notice of motion with proof of service thereof, and the affirmation of Brian R. Biggie, Esq., dated February 17, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature.
Entered: March 2, 2012
Frances E. Cafarell, Clerk