| PATRICK MELSKI V FITZPATRICK & WELLER, INC. FITZPATRICK & WELLER, INC., V NICHOLSON & HALL CORP., -. |
| Motion No: CA 12-01545 |
| Slip Opinion No: 2012 NY Slip Op 84877(U) |
| Decided on September 14, 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 12-01545
| PATRICK MELSKI, PLAINTIFF-APPELLANT, V FITZPATRICK
& WELLER, INC., DEFENDANT. FITZPATRICK & WELLER, INC., THIRD-PARTY PLAINTIFF, V NICHOLSON & HALL CORP.,
THIRD-PARTY DEFENDANT-RESPONDENT. |
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 Erie on May 25, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Brian R. Biggie, Esq., dated August 14, 2012, the notice of motion with proof of service thereof, and the affirmation of Charles H. Cobb, Esq., dated August 29, 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 November 13, 2012.
Entered: September 14, 2012
Frances E. Cafarell, Clerk