JOHN ARD AND PATRICIA ARD V THOMPSON & JOHNSON EQUIPMENT CO., INC. AND TOTALL ATTACHMENTS, INC.
Motion No: CA 17-02203
Slip Opinion No: 2018 NY Slip Op 60790(U)
Decided on January 5, 2018
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.


January 5, 2018

DOCKET NO. CA 17-02203

JOHN ARD AND PATRICIA ARD, PLAINTIFFS-APPELLANTS,

V

THOMPSON & JOHNSON EQUIPMENT CO., INC. AND

TOTALL ATTACHMENTS, INC., DEFENDANTS-RESPONDENTS.



TOTALL ATTACHMENTS, INC., THIRD-PARTY PLAINTIFF,

V

SPECIALIZED PACKAGING GROUP, INC. AND PAPERWORKS

INDUSTRIES, INC., THIRD-PARTY DEFENDANTS.


Respondent Totall Attachments, Inc. 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 Onondaga on September 8, 2017, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Cory J. Weber, Esq., dated December 22, 2017, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal, with respect to Totall Attachment, Inc., is dismissed without costs.

Entered: January 5, 2018

Mark W. Bennett, Clerk