| SCAN TUBE & STEEL SERVICES, LTD., V ALTX, INC., TUBACEX CANADA, INC., TUBACEX & COTUBES CANADA INC., . |
| Motion No: CA 14-00270 |
| Slip Opinion No: 2014 NY Slip Op 65820(U) |
| Decided on March 3, 2014 |
| 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 14-00270
| SCAN TUBE & STEEL SERVICES, LTD.,
PLAINTIFF-APPELLANT-RESPONDENT, V ALTX, INC., TUBACEX CANADA, INC., TUBACEX & COTUBES CANADA INC.,
DEFENDANTS-RESPONDENTS-APPELLANTS. |
Defendants having moved for an extension of time to perfect their cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 18, 2013,
Now, upon reading and filing the affidavit of Kenneth Graham, Esq., sworn to February 7, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and defendants shall perfect their cross appeal on or before March 17, 2014, and, in the event of failure to so perfect, the cross appeal is hereby dismissed without further order.
Entered: March 3, 2014
Frances E. Cafarell, Clerk