| HAYWARD BAKER, INC., V C.O. FALTER CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT |
| Motion No: CA 12-00398 |
| Slip Opinion No: 2012 NY Slip Op 66546(U) |
| Decided on March 5, 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 12-00398
| HAYWARD BAKER, INC., PLAINTIFF-RESPONDENT-APPELLANT, V C.O.
FALTER CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
Defendants having moved for an extension of time to perfect their appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 28, 2011,
Now, upon reading and filing the affirmation of Linda E. Alario, Esq., dated February 24, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and defendants shall perfect their appeal on or before June 13, 2012, and, in the event of failure to so perfect, defendants' appeal is hereby dismissed without further order.
Entered: March 5, 2012
Frances E. Cafarell, Clerk