| MICHAEL G. MITCHELL V CALIN OLAR ANTHONY M. CRISAFULLI IRA L. DAVIS COLD SPRING CONSTRUCTION COMPANY |
| Motion No: CA 15-00795 |
| Slip Opinion No: 2015 NY Slip Op 73816(U) |
| Decided on May 20, 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 15-00795
| MICHAEL G. MITCHELL, PLAINTIFF-RESPONDENT, V CALIN OLAR,
DEFENDANT-RESPONDENT, ANTHONY M. CRISAFULLI, DEFENDANT-APPELLANT, IRA L. DAVIS, DEFENDANT, COLD SPRING CONSTRUCTION COMPANY,
DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 21, 2014, and
Defendants-respondents having cross-moved to dismiss said appeal on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Keith D. Miller, Esq., dated May 7, 2015, and May 14, 2015, the affirmation of Phyliss A. Hafner, Esq., dated May 13, 2015, the affirmation of Donna L. Burden, Esq., dated May 13, 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 appellant's motion is granted, and appellant shall perfect the appeal on or before July 20, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the cross motions are dismissed as unnecessary.
Entered: May 20, 2015
Frances E. Cafarell, Clerk