| VAL TECH HOLDINGS, INC. V WILSON MANIFOLDS, INC. WILSON MANIFOLDS, INC., V DONALD T. CARBONE AND MP INDUSTRIES, INC. |
| Motion No: CA 13-00949 |
| Slip Opinion No: 2013 NY Slip Op 78355(U) |
| Decided on June 21, 2013 |
| 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 13-00949
| VAL TECH HOLDINGS, INC., PLAINTIFF-APPELLANT, V
WILSON MANIFOLDS, INC., DEFENDANT-RESPONDENT. WILSON MANIFOLDS, INC., THIRD-PARTY PLAINTIFF, V DONALD T. CARBONE
AND MP INDUSTRIES, INC., 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 Monroe on March 13, 2013, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven E. Cole, Esq., dated May 29, 2013, the notice of motion with proof of service thereof, and the affidavit of Philip G. Spellane, Esq., sworn to June 10, 2013, 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 August 20, 2013.
Entered: June 21, 2013
Frances E. Cafarell, Clerk