| CLARK BONO ROOFING & CONSTRUCTION COMPANY, INC. V NORD BITUMI U.S., INC. |
| Motion No: CA 13-01672 |
| Slip Opinion No: 2014 NY Slip Op 88907(U) |
| Decided on November 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 13-01672
| CLARK BONO ROOFING & CONSTRUCTION COMPANY, INC.,
PLAINTIFF-APPELLANT, V NORD BITUMI U.S., INC., DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 3, 2013,
Now, upon reading and filing the affirmation of Joseph G. Makowski, Esq., dated September 30, 2014, the notice of motion with proof of service thereof, the affidavit of Christopher J. Belter, Esq., sworn to October 16, 2014, and the affidavit of Jessica L. Brunetto sworn to October 17, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before January 2, 2015.
Entered: November 3, 2014
Frances E. Cafarell, Clerk