MARATHON ENGINEERING OF ROCHESTER, P.C. V CEA ASSOCIATES, INC. DOING BUSINESS AS CEA INTERNATIONAL CEA ASSOCIATES, INC.
Motion No: CA 14-02256
Slip Opinion No: 2015 NY Slip Op 63109(U)
Decided on January 29, 2015
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.


January 29, 2015

DOCKET NO. CA 14-02256

MARATHON ENGINEERING OF ROCHESTER, P.C., PLAINTIFF-RESPONDENT,

V

CEA ASSOCIATES, INC. DOING BUSINESS AS CEA INTERNATIONAL,

DEFENDANT-APPELLANT.

CEA ASSOCIATES, INC. DOING BUSINESS AS CEA INTERNATIONAL,

THIRD-PARTY PLAINTIFF-APPELLANT,

V

JEROLD WATKINS, THIRD-PARTY DEFENDANT.


Plaintiff-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 Monroe on June 18, 2014, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Michael Wegman, Esq., sworn to December 16, 2014, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: January 29, 2015

Frances E. Cafarell, Clerk