| VULCRAFT OF NEW YORK, INC., V SOLVAY IRON WORKS, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, . |
| Motion No: CA 19-00013 |
| Slip Opinion No: 2019 NY Slip Op 62790(U) |
| Decided on January 7, 2019 |
| 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 19-00013
| VULCRAFT OF NEW YORK, INC., PETITIONER-RESPONDENT-APPELLANT V
SOLVAY IRON WORKS, INC., DEFENDANT, FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
DEFENDANT-APPELLANT-RESPONDENT. |
Defendant-appellant having moved for an order preserving the right to appeal from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oswego on July 27, 2018, and for other relief,
Now, upon reading and filing the affidavit of Jordan R. Pavlus, Esq., sworn to December 28, 2018, the notice of motion with proof of service thereof, and the affidavit of Kelsey Till Thompson, Esq., sworn to January 4, 2019, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal dated July 9, 2018, is deemed timely and valid pursuant to CPLR 5520 (c), and
It is further ORDERED that the appeal and cross appeal shall be perfected on or before March 18, 2019, and, in the event of failure to so perfect, the appeal and the cross appeal are hereby dismissed without further order, and
It is further ORDERED that the appeal and the cross appeal are consolidated, and the motion is otherwise dismissed.
Entered: January 7, 2019
Mark W. Bennett, Clerk