| JEFFREY BURNS V LECESSE CONSTRUCTION SERVICES, LLC DUKES PROPERTY DEVELOPMENT, LLC, PRO CARPET, INC. THE MILLS AT HIGH |
| Motion No: CA 16-00081 |
| Slip Opinion No: 2016 NY Slip Op 64022(U) |
| Decided on February 5, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00081
| JEFFREY BURNS, PLAINTIFF-RESPONDENT, V LECESSE CONSTRUCTION
SERVICES, LLC, DEFENDANT-APPELLANT, DUKES PROPERTY DEVELOPMENT, LLC, PRO CARPET, INC., DEFENDANTS, THE MILLS AT HIGH FALLS
HOUSING DEVELOPMENT FUND COMPANY, INC., DEFENDANT-APPELLANT, U.S. CEILING CORP., DEFENDANT, AND URBAN LEAGUE OF ROCHESTER, NY, INC.,
DEFENDANT-APPELLANT. LECESSE CONSTRUCTION SERVICES, LLC, THE MILLS AT HIGH FALLS HOUSING DEVELOPMENT FUND COMPANY, INC.,
AND URBAN LEAGUE OF ROCHESTER, NY, INC., THIRD-PARTY PLAINTIFFS-APPELLANTS, V JEFFREY BURNS DOING BUSINESS AS BURNS
FLOORING, THIRD-PARTY DEFENDANT-RESPONDENT. |
Appellants 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 Monroe on January 12, 2015,
Now, upon reading and filing the affirmations of Phyliss A. Hafner, Esq., dated January 14, 2016, and January 29, 2016, the notice of motion with proof of service thereof, and the affirmation of K. John Wright, Esq., dated January 26, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before April 5, 2016.
Entered: February 5, 2016
Frances E. Cafarell, Clerk