| HERMAN J. MUSTY V FORBES HOMES, INC., AND ELLIOT LASKY |
| Motion No: CA 12-00580 |
| Slip Opinion No: 2012 NY Slip Op 70665(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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00580
| HERMAN J. MUSTY, PLAINTIFF-RESPONDENT, V FORBES HOMES,
INC., AND ELLIOT LASKY, DEFENDANTS-APPELLANTS. FORBES HOMES, INC., AND ELLIOT LASKY, THIRD-PARTY
PLAINTIFFS-APPELLANTS, V H & W MUSTY CONSTRUCTION, INC., THIRD-PARTY
DEFENDANT-APPELLANT. |
Plaintiff-respondent having moved to dismiss the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 4, 2011, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affirmations of Daniel B. Kane, Esq., dated March 27, 2012, and March 29, 2012, the notice of motion with proof of service thereof, and the affirmation of Robert E. Gallagher, Jr., Esq., dated April 6, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal of third-party defendant-appellant is granted and the appeal is dismissed without costs, and
It is further ORDERED that the motion insofar as it seeks to dismiss defendants-appellants/third-party plaintiffs-appellants' appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before June 4, 2012.
Entered: April 18, 2012
FRANCES E. CAFARELL, Clerk