| IN THE MATTER OF NATIONAL FUEL GAS SUPPLY CORPORATION V DUFFIELD CAMP AND RETREAT CENTER INC. |
| Motion No: CA 18-00239 |
| Slip Opinion No: 2018 NY Slip Op 68873(U) |
| Decided on March 29, 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 18-00239
| IN THE MATTER OF NATIONAL FUEL GAS SUPPLY CORPORATION,
PETITIONER-RESPONDENT, V DUFFIELD CAMP AND RETREAT CENTER INC.,
RESPONDENT-APPELLANT. |
Petitioner-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 Cattaraugus on October 2, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Craig A. Leslie, Esq., sworn to February 2, 2018, the notice of motion with proof of service thereof, the affirmation of Kevin T. O'Brien, Esq., dated March 21, 2018, and the affidavit of Chad W. Flansburg, Esq., sworn to March 23, 2018, 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 May 25, 2018.
Entered: March 29, 2018
Mark W. Bennett, Clerk