| T.J. MADDEN CONSTRUCTION COMPANY,INC., MATANUSKA DEVELOPMENT, LLC, TULUKSAK DEVELOPMENT, LLC, MANOKOAK DEVELOPMENT |
| Motion No: CA 14-02075 |
| Slip Opinion No: 2015 NY Slip Op 73800(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., SCONIERS, VALENTINO, AND DEJOSEPH, JJ.
DOCKET NO. CA 14-02075
| T.J. MADDEN CONSTRUCTION COMPANY,INC., MATANUSKA DEVELOPMENT, LLC,
TULUKSAK DEVELOPMENT, LLC, MANOKOAK DEVELOPMENT, LLC, AND THOMAS J. MADDEN, JR., PLAINTIFFS-APPELLANTS, V DOLOMITE
PRODUCTS COMPANY, INC., AND CALLANAN INDUSTRIES, INC., DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 8, 2014, on the ground that the appeal was not timely taken, and plaintiffs having cross-moved for relief pursuant to CPLR 5520 (a),
Now, upon reading and filing the affirmation of James Barriere, Esq., dated May 7, 2015, the notice of motion with proof of service thereof, the affirmation of John D. Hoggan, Jr., Esq., dated May 12, 2015, the affidavit of Joseph S. Derry, Jr., Esq. sworn to May 12, 2015, and the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs, and
It is further ORDERED that the cross motion is denied.
Entered: May 19, 2015
Frances E. Cafarell, Clerk