| U.S. ENERGY DEVELOPMENT CORPORATION - V SUPERIOR WELL SERVICES, LTD., NOW KNOWN AS NABORS COMPLETION & PRODUCTION |
| Motion No: CA 19-01222 |
| Slip Opinion No: 2019 NY Slip Op 80465(U) |
| Decided on September 25, 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., LINDLEY, DEJOSEPH, CURRAN, AND WINSLOW, JJ.
CA 19-01222
| U.S. ENERGY DEVELOPMENT CORPORATION, ET
AL., PLAINTIFFS-RESPONDENTS, V SUPERIOR WELL SERVICES, LTD., NOW KNOWN AS NABORS COMPLETION & PRODUCTION SERVICES, CO., AS
SUCCESSOR IN INTEREST TO SUPERIOR WELLS SERVICES, LTD., DEFENDANT-APPELLANT. |
Appellant having moved for an order, pursuant to CPLR 5512 (a), CPLR 5520 (c), and 22 NYCRR § 1250.4, deeming the notice of appeal taken herein from an order of the Supreme Court, Erie County, entered January 4, 2019 to be a valid notice of appeal from the judgment entered January 9, 2019, and for other relief, and appellant having applied for an extension of time to perfect the appeal,
Now, upon reading and filing the papers with respect to the motion and the application, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that the appeal is dismissed without costs (see Matter of Aho, 39 NY2d 241, 248 [1976]; see also CPLR 5501 [a] [1]), and
It is further ORDERED that the application for an extension of time to perfect the appeal is dismissed.
Entered: September 25, 2019
Mark W. Bennett
Clerk of the Court