| CLARK BONO ROOFING & CONSTRUCTION COMPANY, INC. V NORD BITUMI U.S., INC. |
| Motion No: CA 13-01672 |
| Slip Opinion No: 2013 NY Slip Op 87142(U) |
| Decided on October 2, 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 13-01672
| CLARK BONO ROOFING & CONSTRUCTION COMPANY, INC.,
PLAINTIFF-APPELLANT, V NORD BITUMI U.S., INC., 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 June 3, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Christopher J. Belter, Esq., sworn to September 12, 2012, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: October 2, 2013
Frances E. Cafarell, Clerk