| STEPHEN KIBLER V GILLARD CONSTRUCTION INC., JOHN GILLARD, JR. AND GRANT E. SEAWARD |
| Motion No: CA 12-00578 |
| Slip Opinion No: 2012 NY Slip Op 70664(U) |
| Decided on April 18, 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. |
DOCKET NO. CA 12-00578
| STEPHEN KIBLER, PLAINTIFF-APPELLANT, V GILLARD CONSTRUCTION
INC., JOHN GILLARD, JR., DEFENDANTS-RESPONDENTS, AND GRANT E. SEAWARD, DEFENDANT. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Orleans on December 27, 2011, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Frank G. Montemalo, Esq., dated March 27, 2012, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: April 18, 2012
FRANCES E. CAFARELL, Clerk