| ACCADIA SITE CONTRACTING, INC. V JEFFREY SKURKA JEFFREY SKURKA, - V PAUL MARINACCIO, SR., -, ANTHONY G. MILONE, . |
| Motion No: CA 15-00388 |
| Slip Opinion No: 2015 NY Slip Op 67477(U) |
| Decided on March 17, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00388
| ACCADIA SITE CONTRACTING, INC., PLAINTIFF-APPELLANT, V JEFFREY
SKURKA, DEFENDANT-RESPONDENT. JEFFREY SKURKA, THIRD-PARTY PLAINTIFF-RESPONDENT, V PAUL MARINACCIO, SR., THIRD-PARTY
DEFENDANT-APPELLANT, ANTHONY G. MILONE, THIRD-PARTY DEFENDANT. |
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 Erie on November 13, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Duane D. Schoonmaker, Esq., dated February 26, 2015, the notice of motion with proof of service thereof, and the stipulation signed by Phillip A. Oswald, Esq., and Duane D. Schoonmaker, Esq., and dated March 6, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed because the appeal was withdrawn by the stipulation dated March 6, 2015.
Entered: March 17, 2015
Frances E. Cafarell, Clerk