| GARY CHAMBERLAIN V MAC TRAILER MANUFACTURING, INC. MODERN DISPOSAL SERVICE, INC. AND CUSTOM CANVAS MFG. CO., INC. - . |
| Motion No: CA 14-00908 |
| Slip Opinion No: 2014 NY Slip Op 76109(U) |
| Decided on June 24, 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 14-00908
| GARY CHAMBERLAIN, PLAINTIFF-RESPONDENT, V MAC
TRAILER MANUFACTURING, INC., DEFENDANT, MODERN DISPOSAL SERVICE, INC., DEFENDANT-RESPONDENT, AND CUSTOM CANVAS MFG.
CO., INC. DEFENDANT-APPELLANT. MODERN DISPOSAL SERVICE, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, CUSTOM CANVAS MFG.
CO., INC., THIRD-PARTY PLAINTIFF-APPELLANT, V CHAMBERLAIN TRUCKING LLC, AND GARY CHAMBERLAIN, THIRD-PARTY
DEFENDANTS. |
Modern Disposal Service, 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 January 14, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Phyliss A. Hafner, Esq., dated May 15, 2014, the notice of motion with proof of service thereof, and the affidavit of Christopher Bridge, Esq., dated June 4, 2014, 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 August 25, 2014.
Entered: June 24, 2014
Frances E. Cafarell, Clerk