| DAVID GROSS CONTRACTING CORP. V GROSS PHC, LLC V JOHN GROSS, COUNTERCLAIM . |
| Motion No: CA 16-01040 |
| Slip Opinion No: 2016 NY Slip Op 78972(U) |
| Decided on July 7, 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 16-01040
| DAVID GROSS CONTRACTING CORP., PLAINTIFF-APPELLANT, V GROSS
PHC, LLC, DEFENDANT, V JOHN GROSS, COUNTERCLAIM DEFENDANT. JEROME P. WILLIAMS,
INTERVENOR-RESPONDENT. |
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 Niagara on February 19, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of D. Charles Roberts, Jr., Esq., dated June 17, 2016, the notice of motion with proof of service thereof, and the affidavit of James C. Roscetti, Esq., sworn to June 22, 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 August 8, 2016.
Entered: July 7, 2016
Frances E. Cafarell, Clerk