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

DOCKET NO. CA 16-00261

CONTRACTORS COMPENSATION TRUST THROUGH ITS LICENSED THIRD-PARTY ADMINISTRATOR, FIRST CARDINAL, LLC, AS ASSIGNEE OF THE CAUSES OF ACTION OF KENNETH WHITNEY, PLAINTIFF, V JACK OF HEARTS CARPET MILL OUTLET, INC. AND RICH & GARDNER CONSTRUCTION COMPANY, INC., DEFENDANTS. (ACTION NO. 1.) JACK OF HEARTS CARPET MILL OUTLET, THIRD-PARTY PLAINTIFF-RESPONDENT, V JAMES A. LAWSON DOING BUSINESS AS J & J CARPET AND LINOLEUM, THIRD-PARTY DEFENDANT-APPELLANT. (ACTION NO. 2.) RICH & GARDNER CONSTRUCTION COMPANY, INC., THIRD-PARTY PLAINTIFF, V O'CONNELL ELECTRIC COMPANY, INC. DOING BUSINESS AS SYRACUSE MERIT ELECTRIC, THIRD-PARTY DEFENDANT. (ACTION NO. 3.) CONTRACTORS COMPENSATION TRUST THROUGH ITS LICENSED THIRD-PARTY ADMINISTRATOR, FIRST CARDINAL, LLC, AS ASSIGNEE OF THE CAUSES OF ACTION OF KENNETH WHITNEY, PLAINTIFF, V JAMES A. LAWSON DOING BUSINESS AS J & J CARPET AND LINOLEUM, DEFENDANT. (ACTION NO. 4.)

Respondent Jack of Hearts Carpet Mill Outlet, Inc. 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 Onondaga on November 30, 2015, on the ground that the appeal is untimely pursuant to CPLR 5513 (a),

Now, upon reading and filing the affidavits of Maureen G. Fatcheric, Esq., sworn to February 17, 2016, and February 19, 2016, the notice of motion with proof of service thereof, and the affirmation of Brady J. O'Malley, Esq., dated March 3, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, without prejudice to arguments by the parties in their respective briefs addressing the timeliness of the appeal.

Entered: April 8, 2016

Frances E. Cafarell, Clerk