| JASON P. SADOWSKI AND KRISTINA SADOWSKI V FORBES HOMES, INC., FORBES HOMES, INC. DOING BUSINESS AS FORBES- CAPRETTO |
| Motion No: CA 14-01792 |
| Slip Opinion No: 2014 NY Slip Op 89442(U) |
| Decided on November 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 14-01792
| JASON P. SADOWSKI AND KRISTINA SADOWSKI, PLAINTIFFS,
V FORBES HOMES, INC., FORBES HOMES, INC. DOING BUSINESS AS FORBES-CAPRETTO HOMES, DEFENDANTS. FORBES HOMES, INC.,
FORBES HOMES, INC. DOING BUSINESS AS FORBES-CAPRETTO HOMES, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V WETZEL
DEVELOPMENT, LLC, THIRD-PARTY DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 18, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Michael T. Glascott, Esq., dated September 19, 2014, the notice of motion with proof of service thereof, and the affidavit of Maurice L. Sykes, Esq., sworn to October 2, 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 January 6, 2015.
Entered: November 7, 2014
Frances E. Cafarell, Clerk