| VITAL CRANE SERVICES, INC. V JAMES MICUCCI AND POLLOCK RESEARCH & DESIGN, INC., DOING BUSINESS AS SIMMERS CRANE & |
| Motion No: CA 13-01375 |
| Slip Opinion No: 2013 NY Slip Op 83706(U) |
| Decided on August 23, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-01375
| VITAL CRANE SERVICES, INC., PLAINTIFF-APPELLANT, V
JAMES MICUCCI AND POLLOCK RESEARCH & DESIGN, INC., DOING BUSINESS AS SIMMERS CRANE & DESIGN SERVICES, CO.,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Niagara on April 16, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Benjamin R. Dwyer, Esq., sworn to August 2, 2013, the notice of motion with proof of service thereof, and the affirmation of Ryan A. Lema, Esq., dated August 7, 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 October 22, 2013.
Entered: August 23, 2013
Frances E. Cafarell, Clerk