| KAREN COLLINS, AS EXECUTOR OF THE ESTATE OF WILLIAM ALLEN COLLINS, DECEASED, V MILLENNIUM DEVELOPMENT, LLC VISION |
| Motion No: CA 14-01860 |
| Slip Opinion No: 2015 NY Slip Op 73784(U) |
| Decided on May 19, 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 14-01860
| KAREN COLLINS, AS EXECUTOR OF THE ESTATE OF WILLIAM ALLEN COLLINS,
DECEASED, PLAINTIFF-APPELLANT-RESPONDENT, V MILLENNIUM DEVELOPMENT, LLC, VISION DEVELOPMENT, INC., AND EAGLE BUILDERS LLC,
DEFENDANTS-RESPONDENTS-APPELLANTS, EAGLE BUILDERS LLC, THIRD-PARTY PLAINTIFF-APPELLANT, V JOSEPH BARONE CONSTRUCTION CORP.,
THIRD-PARTY DEFENDANT-RESPONDENT. JOSEPH BARONE CONSTRUCTION CORP., FOURTH-PARTY PLAINTIFF-RESPONDENT, V
SUPERIOR STEEL, INC., FOURTH-PARTY DEFENDANT-RESPONDENT-APPELLANT. |
Superior Steel, Inc., having moved and Millennium Development, LLC, Vision Development, Inc. and Eagle Builders, LLC having cross-moved for an extension of time to perfect their appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 26, 2013, and Karen Collins, as Executor of the Estate of William Allen Collins, deceased, having cross-moved to vacate dismissal of her appeal taken from said order,
Now, upon reading and filing the affirmation of Sandra J. Sabourin, Esq., dated April 27, 2015, the affidavit of Elizabeth A. Hoffman, Esq., sworn to May 1, 2015, the affidavit of John C. Cherundolo, Esq., sworn to May 12, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion of Karen Collins, as Executor of the Estate of William Allen Collins, deceased, is granted, on the condition that Karen Collins, as Executor of the Estate of William Allen Collins, deceased, perfects her appeal on or before June 17, 2015, and
It is further ORDERED that the motions of Superior Steel, Inc., Millennium Development, LLC, Vision Development, Inc., and Eagle Builders, LLC's are granted to the extent that said parties shall perfect their appeals on or before July 17, 2015, and, in the event of failure to so perfect, the appeals are dismissed without further order.
Entered: May 19, 2015
Frances E. Cafarell, Clerk