| JOHN T. DILLON AND TIMOTHY DILLON V PEAK ENVIRONMENTAL, LLC, MARCUS E. O'ROURKE, JR., AND TIMOTHY M. O'ROURKE PEAK |
| Motion No: CA 18-00986 |
| Slip Opinion No: 2018 NY Slip Op 75793(U) |
| Decided on June 19, 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 18-00986
| JOHN T. DILLON AND TIMOTHY DILLON, PLAINTIFFS-RESPONDENTS, V
PEAK ENVIRONMENTAL, LLC, MARCUS E. O'ROURKE, JR., AND TIMOTHY M. O'ROURKE, DEFENDANTS-APPELLANTS. PEAK ENVIRONMENTAL, LLC, MARCUS
E. O'ROURKE, JR., AND TIMOTHY M. O'ROURKE, THIRD-PARTY PLAINTIFFS-APPELLANTS, V SAUNDERS KAHLER, LLP, AND CAMILLE T. KAHLER,
INDIVIDUALLY AND DOING BUSINESS AS SAUNDERS KAHLER, LLP, THIRD-PARTY
DEFENDANTS-RESPONDENTS. |
Respondents 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 Oneida on January 3, 2018, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David B. Cabaniss, Esq., sworn to May 29, 2018, and the notice of motion with proof of service thereof, and the affirmation of Brady J. O'Malley, Esq., dated June 11, 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 August 20, 2018.
Entered: June 19, 2018
Mark W. Bennett, Clerk