| JASON PEARSON V JEREMY WALLACE, ROBINSON CONCRETE, INC. LECESSE CONSTRUCTION SERVICES, LLC, AND GENEVA GENERAL HOSPITAL |
| Motion No: CA 15-00506 |
| Slip Opinion No: 2015 NY Slip Op 70915(U) |
| Decided on April 21, 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 15-00506
| 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. |
Respondents LeCesse Construction Services, LLC and Geneva General Hospital having moved to dismiss the appeal of Catenary Construction Corporation 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 appellant Catenary Construction Corporation failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Amanda B. Burns, Esq., dated March 30, 2015, the notice of motion with proof of service thereof, and the affirmation of Eugene W. Lane, Esq., dated April 9, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: April 21, 2015
Frances E. Cafarell, Clerk