| BOARD OF TRUSTEES OF THE IBEW LOCAL 43 ELECTRICAL CONTRACTORS HEALTH AND WELFARE, ANNUITY, AND PENSION FUNDS V |
| Motion No: CA 14-00238 |
| Slip Opinion No: 2014 NY Slip Op 66279(U) |
| Decided on March 7, 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 14-00238
| BOARD OF TRUSTEES OF THE IBEW LOCAL 43 ELECTRICAL
CONTRACTORS HEALTH AND WELFARE, ANNUITY, AND PENSION FUNDS, PLAINTIFF-APPELLANT, V D'ARCANGELO & CO., LLP,
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 Onondaga on October 29, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the statement of Andrea Schillaci, Esq., dated February 4, 2014, and the affirmation of Andrea Schillaci, Esq., dated February 5, 2014, the notice of motion with proof of service thereof, and the affidavit of John D. Goldman, Esq., sworn to February 19, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely (see 22 NYCRR 1000.12 [a]).
Entered: March 7, 2014
Frances E. Cafarell, Clerk