ERIE MATERIALS, INC. V CENTRAL CITY ROOFING CO., INC. AND JAMES T. PIPINES
Motion No: CA 14-02062
Slip Opinion No: 2014 NY Slip Op 93226(U)
Decided on December 12, 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.


December 12, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-02062

ERIE MATERIALS, INC., PLAINTIFF-RESPONDENT,

V

CENTRAL CITY ROOFING CO., INC. AND JAMES T. PIPINES,

DEFENDANTS-APPELLANTS.


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 August 12, 2014, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Jordan R. Pavlus, Esq., sworn to November 10, 2014, the notice of motion with proof of service thereof, and the affidavit of Matthew E. Ward, Esq., sworn to November 24, 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 February 10, 2015.

Entered: December 12, 2014

Frances E. Cafarell, Clerk