PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01329

CARL D. MULLIN, PLAINTIFF, V WASTE MANAGEMENT OF NEW YORK, LLC, DEFENDANT-RESPONDENT. WASTE MANAGEMENT OF NEW YORK, LLC, THIRD-PARTY PLAINTIFF-RESPONDENT, V RICCELLI ENTERPRISES, INC., THIRD-PARTY DEFENDANT-APPELLANT. TECHNOLOGY INSURANCE COMPANY, PROPOSED INTERVENOR-APPELLANT.

Defendant/third-party plaintiff having moved to dismiss third-party defendant's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on April 17, 2012, on the ground that third-party defendant has failed to perfect timely the appeal, and

Third-party defendant having cross-moved for an extension of time to perfect its appeal from the order entered April 17, 2012, and

Proposed intervenor having cross-moved for an extension of time to perfect its appeal from the order entered April 17, 2012,

Now, upon reading and filing the affirmation of James P. McElheny, Esq., dated July 16, 2012, the affidavit of Paul G. Ferrara, Esq., sworn to July 26, 2012, the affirmation of David A. Merkel, Esq., dated August 2, 2012, the affidavit of Verne A. Pedro, Esq., sworn to August 1, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and third-party defendant's appeal is dismissed without further order unless that appeal is perfected on or before October 15, 2012, and

It is further ORDERED that third-party defendant's cross motion is dismissed as unnecessary, and

It is further ORDERED that proposed internvenor's cross motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: August 14, 2012

Frances E. Cafarell, Clerk