| J.N.K. MACHINE CORPORATION V TBW, LTD., WOOLSCHLAGER INC., AND BERNARD C. WOOLSCHLAGER TBW, LTD., WOOLSCHLAGER INC. |
| Motion No: CA 16-02142 |
| Slip Opinion No: 2016 NY Slip Op 94345(U) |
| Decided on December 12, 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 16-02142
| J.N.K. MACHINE CORPORATION, PLAINTIFF-RESPONDENT, V TBW, LTD.,
WOOLSCHLAGER INC., AND BERNARD C. WOOLSCHLAGER, DEFENDANTS-APPELLANTS. TBW, LTD., WOOLSCHLAGER INC., AND BERNARD C.
WOOLSCHLAGER, THIRD-PARTY PLAINTIFFS, V PAMELA LODESTRO, AS EXECUTOR OF THE ESTATE OF G. MARV SCHUVER AND BART
SCHUVER, THIRD-PARTY DEFENDANTS. SCHUVER'S TRUCK & TRAILER LLC AND G. BARTON SCHUVER, PLAINTIFFS, V BERNARD C.
WOOLSCHLAGER, TBW, LTD., DOING BUSINESS AS JAMESTOWN UNIT PARTS, AND WOOLSCHLAGER INC.,
DEFENDANTS. |
Respondent J.N.K Machine Corporation having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 23, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Brian D. Gwitt, Esq., sworn to November 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Paul V. Webb, Jr., Esq., sworn to December 5, 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 February 10, 2017.
Entered: December 12, 2016
Frances E. Cafarell, Clerk