| RESETARITS CONSTRUCTION CORPORATION, V CITY OF NIAGARA FALLS, . |
| Motion No: CA 15-00492 |
| Slip Opinion No: 2015 NY Slip Op 70330(U) |
| Decided on April 14, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 15-00492
| RESETARITS CONSTRUCTION CORPORATION,
PLAINTIFF-APPELLANT-RESPONDENT, V CITY OF NIAGARA FALLS, DEFENDANT-RESPONDENT-APPELLANT. |
Plaintiff having moved to expedite its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 21, 2014, and having moved to dismiss defendant's cross appeal on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kathryn G. Di'Angelo, Esq., sworn to March 25, 2015, the notice of motion with proof of service thereof, and the affidavit of Thomas M. O'Donnell, Esq., sworn to April 2, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to expedite the appeal is denied, and
It is further ORDERED that the motion insofar as it seeks to dismiss defendant's cross appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 15, 2015.
Entered: April 14, 2015
Frances E. Cafarell, Clerk