| WM. SCHUTT & ASSOCIATES ENGINEERING AND LAND SURVEYING P.C. V ST. BONAVENTURE UNIVERSITY JAMES W. MANGUSO DOING |
| Motion No: CA 16-01185 |
| Slip Opinion No: 2016 NY Slip Op 80858(U) |
| Decided on July 26, 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 16-01185
| WM. SCHUTT & ASSOCIATES ENGINEERING AND LAND SURVEYING P.C.,
PLAINTIFF-RESPONDENT, V ST. BONAVENTURE UNIVERSITY, DEFENDANT, JAMES W. MANGUSO DOING BUSINESS AS LAUER-MANGUSO &
ASSOCIATES ARCHITECTS, DEFENDANT-APPELLANT, BONAVENTURE SQUARE, LLC, ROSS, WILSON & ASSOCIATES, INC. AND KINLEY CORPORATION,
DEFENDANTS. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on March 25, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Robert E. Knoer, Esq., dated July 6, 2016, the notice of motion with proof of service thereof, and the affirmation of Rebecca M. Kujawa, Esq., dated July 15, 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 September 26, 2016.
Entered: July 26, 2016
Frances E. Cafarell, Clerk