| CAYSEA CONTRACTING CORP. V MASSA CONSTRUCTION, INC., - . |
| Motion No: CA 16-02275 |
| Slip Opinion No: 2017 NY Slip Op 60847(U) |
| Decided on January 11, 2017 |
| 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 16-02275
| CAYSEA CONTRACTING CORP., PLAINTIFF-RESPONDENT, V MASSA
CONSTRUCTION, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS. |
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 Ontario on October 3, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mark C. Davis, Esq., dated December 16, 2016, the notice of motion with proof of service thereof, and the affidavit of Jason B. Bailey, Esq., sworn to December 30, 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 March 13, 2017.
Entered: January 11, 2017
Frances E. Cafarell, Clerk