| WILLIAM SCRUTON V ACRO-FAB LTD. TIMOTHY JOHN KARKRUFF DOING BUSINESS AS KARKRUFF CONSTRUCTION & DESIGN, AND ACTION |
| Motion No: CA 16-01363 |
| Slip Opinion No: 2016 NY Slip Op 85100(U) |
| Decided on September 8, 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 16-01363
| WILLIAM SCRUTON, PLAINTIFF, V ACRO-FAB LTD.,
DEFENDANT-APPELLANT, TIMOTHY JOHN KARKRUFF DOING BUSINESS AS KARKRUFF CONSTRUCTION & DESIGN, AND ACTION CRANE, INC.,
DEFENDANTS-RESPONDENTS. |
Plaintiff 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 Oswego on December 24, 2015, 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 affidavits of Edward J. Smith, III, Esq., sworn to August 5, 2016, and August 19, 2016, the affidavit of Megan E. Grimsley, Esq., sworn to August 16, 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 plaintiff's motion is dismissed on the ground that plaintiff is not a party to the appeal (see CPLR 5511), and
It is further ORDERED that appellant's cross motion is granted, and appellant shall perfect the appeal on or before November 9, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 8, 2016
Frances E. Cafarell, Clerk