RICHARD P. JEANETTI AND JOSEPHINE JEANETTI V CASLER MASONRY, INC., BY AND THROUGH ITS AGENTS, OFFICER AND/OR EMPLOYEES
Motion No: CA 15-00440
Slip Opinion No: 2015 NY Slip Op 68155(U)
Decided on March 24, 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.


March 24, 2015

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

DOCKET NO. CA 15-00440

RICHARD P. JEANETTI AND JOSEPHINE JEANETTI,

PLAINTIFFS-RESPONDENTS,

V

CASLER MASONRY, INC., BY AND THROUGH ITS AGENTS,

OFFICER AND/OR EMPLOYEES, DEFENDANT-APPELLANT.

CASLER MASONRY, INC., BY AND THROUGH ITS AGENTS,

OFFICER AND/OR EMPLOYEES, THIRD-PARTY

PLAINTIFF-RESPONDENT-APPELLANT,

V

BARR & BARR, INC., THIRD-PARTY

DEFENDANT-APPELLANT-RESPONDENT.


Third-party defendant-appellant-respondent having moved to vacate the dismissal of its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on May 12, 2015,

Now, upon reading and filing the affirmation of Ross T. Herman, Esq., dated March 10, 2015, the affidavit of Cesar Vila sworn to March 10, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that third-party defendant-appellant-respondent perfects its appeal on or before May 26, 2015.

Entered: March 24, 2015

Frances E. Cafarell, Clerk