Ayers v Tri-State Roofing and Siding Corp.
Motion No: 2016-01719
Slip Opinion No: 2016 NY Slip Op 93373(U)
Decided on December 5, 2016
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M222224

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-01719

Dolson Ayers, plaintiff, v Tri-State Roofing

and Siding Corp., defendant third-party plaintiff-

appellant; Network Adjusters, Inc., third-party

defendant-respondent, et al., third-party defendant.

(Index No. 68787/13)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated January 22, 2016, for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]).

DILLON, J.P., DICKERSON, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court