DREAMCO DEVELOPMENT CORPORATION V CRANESVILLE BLOCK COMPANY, INC.
Motion No: CA 23-00127
Slip Opinion No: 2024 NY Slip Op 61040(U)
Decided on January 11, 2024
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.


January 11, 2024

PRESENT: WHALEN, P.J., SMITH, LINDLEY, AND BANNISTER, JJ.

CA 23-00127

DREAMCO DEVELOPMENT CORPORATION, PLAINTIFF-APPELLANT,

V

CRANESVILLE BLOCK COMPANY, INC., DEFENDANT-RESPONDENT.


Respondent having moved to strike the record filed by appellant on the appeal taken herein from an order of the Supreme Court, Erie County, entered December 12, 2022,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the record filed by appellant is hereby stricken, and

It is further ORDERED that the appeal is dismissed without further order unless appellant files a record on appeal with unaltered documents that appear as they were filed in Supreme Court and, which otherwise fully complies with CPLR 5526, on or before January 30, 2024.

Entered: January 11, 2024

Ann Dillon Flynn

Clerk of the Court