| DREW M. VEROST AND KIMBERLY VEROST V MITSUBISHI CATERPILLAR FORKLIFT AMERICA, INC., NUTTALL GEAR, LLC, NUTTALL GEAR |
| Motion No: CA 13-02002 |
| Slip Opinion No: 2013 NY Slip Op 94682(U) |
| Decided on December 13, 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 13-02002
| DREW M. VEROST AND KIMBERLY VEROST,
PLAINTIFFS-APPELLANTS, V MITSUBISHI CATERPILLAR FORKLIFT AMERICA, INC., NUTTALL GEAR, LLC, NUTTALL GEAR
CORPORATION, DELROYD WORM GEAR, ALTRA HOLDINGS, INC., ALTRA INDUSTRIAL MOTION, INC., DEFENDANTS-RESPONDENTS,
WHEATFIELD BUSINESS PARK, LLC, PROLIFT, INC., DEFENDANTS, BUFFALO LIFT TRUCKS, INC. AND MULLEN INDUSTRIAL HANDLING CORP.,
DEFENDANTS-RESPONDENTS. |
Respondents Mitsubishi Caterpillar Forklift America, Inc., Nuttall Gear, LLC, Nuttall Gear Corporation, Delroyd Worm Gear, Altra Holdings, Inc., Altra Industrial Motion, Inc. and Buffalo Lift Trucks, Inc. 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 August 13, 2013, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Edward P. Perlman, Esq., sworn to November 6, 2013, the affidavit of AimÉe LaFever Koch, Esq., sworn to November 14, 2013, the affidavit of Robert E. Scott, Esq., sworn to November 14, 2013, the notices of motion with proof of service thereof, and the affirmations of Shawn W. Carey, Esq., dated November 14, 2013, and November 18, 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 February 11, 2014.
Entered: December 13, 2013
Frances E. Cafarell, Clerk