| DURHAM COMMERCIAL CAPITAL CORP. V WADSWORTH GOLF CONSTRUCTION COMPANY OF THE MIDWEST, INC. ALSO KNOWN AS WADSWORTH GOLF |
| Motion No: CA 17-00855 |
| Slip Opinion No: 2017 NY Slip Op 75680(U) |
| Decided on May 30, 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 17-00855
| DURHAM COMMERCIAL CAPITAL CORP., PLAINTIFF-APPELLANT, V
WADSWORTH GOLF CONSTRUCTION COMPANY OF THE MIDWEST, INC. ALSO KNOWN AS WADSWORTH GOLF CONSTRUCTION COMPANY,
DEFENDANT-RESPONDENT. |
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 Monroe on February 7, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Robert D. Hooks, Esq., sworn to May 5, 2017, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to May 12, 2017, 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 July 31, 2017.
Entered: May 30, 2017
Frances E. Cafarell, Clerk