| DAVID FLOWERS V HARBORCENTER DEVELOPMENT, LLC AND M.A. MORTENSON COMPANY |
| Motion No: CA 18-00261 |
| Slip Opinion No: 2018 NY Slip Op 65545(U) |
| Decided on February 23, 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 18-00261
| DAVID FLOWERS, PLAINTIFF-RESPONDENT, V HARBORCENTER
DEVELOPMENT, LLC AND M.A. MORTENSON COMPANY, DEFENDANTS-APPELLANTS. |
Respondent 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 Erie on August 24, 2017, on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of Ethan W. Collins, Esq., dated February 7, 2018, the affidavit of Josh H. Kardisch, Esq., sworn to February 14, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before April 24, 2018, and
It is further ORDERED that appellants' cross motion is dismissed as unnecessary.
Entered: February 23, 2018
Mark W. Bennett, Clerk