| UNIVERSAL RESOURCES HOLDINGS, INC. V NORTH PENN PIPE & SUPPLY, INC. NORTH PENN PIPE & SUPPLY, INC., V WHEATLAND TUBE |
| Motion No: CA 14-01774 |
| Slip Opinion No: 2014 NY Slip Op 93237(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-01774
| UNIVERSAL RESOURCES HOLDINGS, INC., PLAINTIFF, V
NORTH PENN PIPE & SUPPLY, INC., DEFENDANT. NORTH PENN PIPE & SUPPLY, INC., THIRD-PARTY PLAINTIFF, V WHEATLAND
TUBE COMPANY AND WHEATLAND STEEL PRODUCTS COMPANY, THIRD-PARTY DEFENDANTS. NORTH PENN PIPE & SUPPLY, INC., SECOND
THIRD-PARTY PLAINTIFF-RESPONDENT, V LAKESIDE STEEL CORP., LAKESIDE STEEL INC., LAKESIDE STEEL SERVICES, INC.
SECOND THIRD-PARTY DEFENDANTS-APPELLANTS, UNION DRILLING, INC. SUPERIOR WELL SERVICES, INC. SUPERIOR WELL SERVICES, LTD.,
AND ZENTZ'S WELL SERVICE, INC., SECOND THIRD-PARTY DEFENDANTS. |
Appellants 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 Chautauqua on October 7, 2013,
Now, upon reading and filing the affidavits of James E. Kimmel, Esq., sworn to November 4, 2014, and November 21, 2014, the notice of motion with proof of service thereof, and the affirmation of Peter P. Balouskas, Esq., dated November 10, 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 26, 2015.
Entered: December 12, 2014
Frances E. Cafarell, Clerk