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 75051(U)
Decided on May 29, 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.


May 29, 2015

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 having cross-moved to vacate the dismissal of 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,

Now, upon reading and filing the affirmation of Meghan M. Brown, Esq., dated May 13, 2015, the affidavit of Jennifer L. Wang, Esq., sworn to May 21, 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 motions are dismissed as unnecessary.

Entered: May 29, 2015

Frances E. Cafarell, Clerkcoll