| LIDESTRI FOODS, INC., - V DDS UTILITIES, INC., -. |
| Motion No: CA 16-01169 |
| Slip Opinion No: 2016 NY Slip Op 80829(U) |
| Decided on July 25, 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 16-01169
| LIDESTRI FOODS, INC., THIRD-PARTY PLAINTIFF-APPELLANT, V DDS
UTILITIES, INC., THIRD-PARTY DEFENDANT-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 Monroe on April 1, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmations of Laurie Giordano-Vahey, Esq., dated July 5, 2016, and July 22, 2016, the affidavit of Daniel P. Fletcher, Esq., sworn to July 20, 2016, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 23, 2016, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: July 25, 2016
Frances E. Cafarell, Clerk