| ACQUEST TRANSIT, LLC V WM. SCHUTT & ASSOCIATES, ENGINEERING & LAND SURVEYING, P.C., ENVIRONMENTAL RESEARCH |
| Motion No: CA 18-00093 |
| Slip Opinion No: 2018 NY Slip Op 64785(U) |
| Decided on February 16, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00093
| ACQUEST TRANSIT, LLC, PLAINTIFF-APPELLANT, V WM. SCHUTT &
ASSOCIATES, ENGINEERING & LAND SURVEYING, P.C., ENVIRONMENTAL RESEARCH, INCORPORATED, DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANTS. |
Respondent Wm. Schutt & Associates, Engineering & Land Surveying, P.C. 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 Erie on October 11, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Robert E. Knoer, Esq., dated January 16, 2018, the notice of motion with proof of service thereof, and the affirmation of Matthew D. Miller, Esq., dated January 25, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion, as it relates to Wm. Schutt & Associates, Engineering & Land Surveying, P.C., is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before April 17, 2018.
Entered: February 16, 2018
Mark W. Bennett, Clerk