| GABRIEL, ALSO KNOWN AS MENDEZ - V JOHNSTON'S L.P. GAS SERVICE, INC., - . (ACTION NO. 1) |
| Motion No: CA 15-01542 |
| Slip Opinion No: 2015 NY Slip Op 86883(U) |
| Decided on October 6, 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 15-01542
| GABRIEL, ALSO KNOWN AS MENDEZ, ET AL., PLAINTIFFS-RESPONDENTS,
V JOHNSTON'S L.P. GAS SERVICE, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (ACTION NO. 1) JOHNSTON'S L.P. GAS
SERVICE, INC., ET AL., THIRD-PARTY PLAINTIFF-RESPONDENTS, V ANTHONY DEMARCO & SONS INC., THIRD-PARTY DEFENDANT-APPELLANT,
ET AL., THIRD-PARTY DEFENDANTS. (ACTION NO. 2.) |
Plaintiffs-respondents having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on May 27, 2015, on the ground that appellants failed to perfect timely their appeals, and appellants having cross-moved for an extension of time to perfect,
Now, upon reading and filing the affidavit of Michael G. Bersani, Esq., sworn to September 8, 2015, the affirmation of Donald S. DiBenedetto, Esq., dated September 18, 2015, the statement of Bryan J. Maggs, Esq., dated September 21, 2015, 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 motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before December 31, 2015, and
It is further ORDERED that the cross motions are dismissed as moot.
Entered: October 6, 2015
Frances E. Cafarell, Clerk