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.

Plaintiff-appellant having moved to vacate the dismissal of the appeal 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, insofar as it relates to LeCesse Construction Services, LLC and Geneva General Hospital, and for an extension of time to perfect the appeal insofar as it relates to Royal Environmental, Inc.,

Now, upon reading and filing the affirmations of Eugene W. Lane,. Esq., dated May 15, 2015, and June 5, 2015, the notice of motion with proof of service thereof, and the affirmation of Amanda B. Burns, Esq., dated June 1, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal as it relates to LeCesse Construction Services, LLC and Geneva General Hospital is granted, on the condition that plaintiff-appellant perfects the appeal on or before August 10, 2015, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal as is relates to Royal Environmental, Inc. is granted to the extent that the second ordering paragraph of the order of this Court entered April 14, 2015, is hereby amended by deleting the date June 15, 2015, and inserting in its place the date August 10, 2015.

Entered: June 10, 2015

Frances E. Cafarell, Clerk