| FREDERICK NEVILLE AND LUCY NEVILLE V CHAUTAUQUA LAKE CENTRAL SCHOOL DISTRICT, LP CIMINELLI, INC. -, ESKO EQUIPMENT |
| Motion No: CA 13-01946 |
| Slip Opinion No: 2013 NY Slip Op 94695(U) |
| Decided on December 16, 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 13-01946
| FREDERICK NEVILLE AND LUCY NEVILLE,
PLAINTIFFS-RESPONDENTS, V CHAUTAUQUA LAKE CENTRAL SCHOOL DISTRICT, LP CIMINELLI, INC. DEFENDANTS-APPELLANTS,
ESKO EQUIPMENT MANUFACTURING LTD. AND ALL SEASONS EQUIPMENT DIVISION OF ESKO EQUIP. MFG.,
DEFENDANTS. |
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 Chautauqua on February 28, 2013, on the ground of laches,
Now, upon reading and filing the affirmation of Michael C. Lancer, Esq., dated October 22, 2013, the affirmation of A. Peter Snodgrass, Esq., dated October 29, 2013, the notice of motion with proof of service thereof, and the affidavit of H. Ward Hamlin, Jr., Esq., dated October 29, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 16, 2013
Frances E. Cafarell, Clerk