| 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 81548(U) |
| Decided on August 12, 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
Respondent Calin Olar having cross-moved to dismiss the appeal on the ground that appellant failed to timely perfect the appeal,
Now, upon reading and filing the affirmation of Keith D. Miller, Esq., dated May 7, 2015, the affirmation of Donna L. Burden, Esq., dated July 30, 2015, the notices of motion and cross motion with proof of service thereof, and the affirmation of Phyliss A. Hafner, Esq., dated July 30, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion is granted to the extent that the first ordering paragraph of the order of this Court entered May 20, 2015, is hereby amended by deleting the date July 20, 2015, and inserting in its place the date September 18, 2015, and
It is further ORDERED that the cross motion is denied.
Entered: August 12, 2015
Frances E. Cafarell, Clerk