| 84 LUMBER COMPANY, L.P. V DARBY'S DRYWALL AND DARBY PERROTTE DARBY'S DRYWALL AND DARBY PERROTTE, - V MASSA |
| Motion No: CA 16-00633 |
| Slip Opinion No: 2016 NY Slip Op 73977(U) |
| Decided on May 9, 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 16-00633
| 84 LUMBER COMPANY, L.P., PLAINTIFF, V DARBY'S DRYWALL AND
DARBY PERROTTE, DEFENDANTS. DARBY'S DRYWALL AND DARBY PERROTTE, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V MASSA
CONSTRUCTION, INC., THIRD-PARTY DEFENDANT-APPELLANT. |
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 Ontario on July 9, 2015,
Now, upon reading and filing the affirmation of Jason B. Bailey, Esq., dated April 20, 2016, the notice of motion with proof of service thereof, and the affidavit of John T. Refermat, Esq., sworn to May 5, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: May 9, 2016
Frances E. Cafarell, Clerk