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

DOCKET NO. CA 15-00506

JASON PEARSON, PLAINTIFF-APPELLANT, V JEREMY WALLACE, ROBINSON CONCRETE, INC., DEFENDANTS, LECESSE CONSTRUCTION SERVICES, LLC, AND GENEVA GENERAL HOSPITAL, DEFENDANTS-RESPONDENTS. JEREMY WALLACE AND ROBINSON CONCRETE, INC. THIRD-PARTY-PLAINTIFFS, V CATENARY CONSTRUCTION CORPORATION, THIRD-PARTY DEFENDANT-APPELLANT. LECESSE CONSTRUCTION SERVICES, LLC, THIRD-PARTY PLAINTIFF-RESPONDENT, V CATENARY CONSTRUCTION CORPORATION, THIRD-PARTY DEFENDANT-APPELLANT, AND ROYAL ENVIRONMENTAL, INC., THIRD-PARTY DEFENDANT-RESPONDENT.

Respondent Royal Environmental, Inc. having moved to dismiss the appeals of Catenary Construction Corporation and Jason Pearson taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 24, 2014, on the ground that appellants Catenary Construction Corporation and Jason Pearson failed to perfect timely their appeals,

Now, upon reading and filing the affidavit of Sara E. Breiner, Esq., sworn to March 23, 2015, the notice of motion with proof of service thereof, and the affirmation of Eugene W. Lane, Esq., dated March 30, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as premature insofar as it seeks to dismiss Catenary Construction Corporation's appeal, and

It is further ORDERED that the motion is granted insofar as it seeks to dismiss Jason Pearson's appeal, and that appeal insofar as it relates to Royal Environmental Inc. is dismissed without further order unless the appeal is perfected on or before June 15, 2015.

Entered: April 14, 2015

Frances E. Cafarell, Clerk