| KAM CONSTRUCTION CORP. V MICHAEL J. BERGEY TUG HILL ENVIRONMENTAL LLC, AND TUG HILL CONSTRUCTION INC. |
| Motion No: CA 16-01816 |
| Slip Opinion No: 2016 NY Slip Op 89769(U) |
| Decided on October 24, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-01816
| KAM CONSTRUCTION CORP., PLAINTIFF-RESPONDENT, V MICHAEL J.
BERGEY, DEFENDANT, TUG HILL ENVIRONMENTAL LLC, AND TUG HILL CONSTRUCTION INC.,
DEFENDANTS-APPELLANTS. |
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 May 5, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Rebecca M. Kujawa, Esq., dated October 10, 2016, the notice of motion with proof of service thereof, and the affirmation of Jon P. Devendorf, Esq., dated October 18, 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 November 23, 2016.
Entered: October 24, 2016
Frances E. Cafarell, Clerk