ROCHESTER GAS AND ELECTRIC CORPORATION V GENERAL ELECTRIC COMPANY . PROLEC GE INTERNACIONAL, S DE R.L. DE C.V., - V
Motion No: CA 16-01728
Slip Opinion No: 2016 NY Slip Op 92434(U)
Decided on November 23, 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.


November 23, 2016

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 16-01728
DOCKET NO. CA 16-01729

ROCHESTER GAS AND ELECTRIC CORPORATION, PLAINTIFF,

V

GENERAL ELECTRIC COMPANY, ET AL., DEFENDANTS.

PROLEC GE INTERNACIONAL, S DE R.L. DE C.V.,

THIRD-PARTY PLAINTIFF-APPELLANT,

V

WEIDMANN ELECTRICAL TECHNOLOGY INC., WICOR AMERICAS INC.,

THIRD-PARTY DEFENDANTS-RESPONDENTS, ET AL., THIRD-PARTY

DEFENDANTS.

(APPEAL NO. 1.)

ROCHESTER GAS AND ELECTRIC CORPORATION, PLAINTIFF,

V

GENERAL ELECTRIC COMPANY, ET AL., DEFENDANTS.

PROLEC GE INTERNACIONAL, S DE R.L. DE C.V.,

THIRD-PARTY PLAINTIFF-APPELLANT,

V

WEIDMANN ELECTRICAL TECHNOLOGY INC., ET AL., THIRD-PARTY

DEFENDANTS, WEIDMANN TECHNOLOGIA ELECTRICA DE MEXICO S.A. DE C.V.,

THIRD-PARTY DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)


Respondents having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 14, 2016, on the ground that appellant failed to perfect timely the appeals,

Now, upon reading and filing the affidavit of Ryan A. Lema, Esq., sworn to November 2, 2016, the notice of motion with proof of service thereof, and the affirmation of Glenn A. Jacobson, Esq., dated November 10, 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 January 23, 2017.

Entered: November 23, 2016

Frances E. Cafarell, Clerk