JUAN DELGADO V RICK BOKMAN, INC., BOKMAN PROPERTIES, LLC KESSEL CONSTRUCTION, INC. KESSEL CONSTRUCTION, INC., V REH
Motion No: CA 16-00336
Slip Opinion No: 2016 NY Slip Op 69524(U)
Decided on April 4, 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.


April 4, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00336

JUAN DELGADO, PLAINTIFF-RESPONDENT,

V

RICK BOKMAN, INC., BOKMAN PROPERTIES, LLC, DEFENDANTS,

KESSEL CONSTRUCTION, INC., DEFENDANT-APPELLANT.

KESSEL CONSTRUCTION, INC., THIRD-PARTY PLAINTIFF,

V

REH PROPERTY MAINTENANCE, REH HARPER DOING BUSINESS AS REH

PROPERTY MAINTENANCE, THIRD-PARTY DEFENDANTS.


Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 21, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Allan M. Lewis, Esq., sworn to February 8, 2016, the notice of motion with proof of service thereof, and the affidavit of Gerard E. O'Connor, Esq., sworn to March 11, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 3, 2016.

Entered: April 4, 2016

Frances E. Cafarell, Clerk