| PUTRELO CONSTRUCTION COMPANY V TOWN OF MARCY TOWN OF MARCY, V BONACCI ARCHITECTS, PLLC, SUCCESSOR IN INTEREST TO |
| Motion No: CA 12-01082 |
| Slip Opinion No: 2012 NY Slip Op 78444(U) |
| Decided on July 6, 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 12-01082
| PUTRELO CONSTRUCTION COMPANY, PLAINTIFF-APPELLANT, V
TOWN OF MARCY, DEFENDANT. TOWN OF MARCY, THIRD-PARTY PLAINTIFF, V BONACCI ARCHITECTS, PLLC, SUCCESSOR IN INTEREST TO
FULIGNI-FRAGOLA ARCHITECTS, PLLC, THIRD-PARTY DEFENDANT-RESPONDENT. |
Third-party defendant-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 Oneida on March 21, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James G. Stevens, Jr., Esq., dated June 7, 2012, the notice of motion with proof of service thereof, and the affidavit of Patience E. Schermer, Esq., sworn to June 26, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 4, 2012.
Entered: July 6, 2012
Frances E. Cafarell, Clerk