Opinion
DOCKET NO. CA 15-00305
03-12-2015
RALPH MISSELL, PLAINTIFF-APPELLANT, v. ASIA FOOD MARKET, INC., HANSON AGGREGATES, INC., AND HANSON AGGREGATES, NEW YORK, INC., DEFENDANTS-RESPONDENTS. ASIA FOOD MARKET, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, v. EXCELL HVAC & APPLIANCE SERVICES, INC., THIRD-PARTY DEFENDANT-RESPONDENT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondents Asia Food Market, Inc., Hanson Aggregates, Inc., and Hanson Aggregates, New York, Inc. 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 Monroe on November 26, 2014, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered November 26, 2014, and for other relief,
Now, upon reading and filing the affirmation of Paul A. Sanders, Esq., dated February 17, 2015, the affirmation of Ryan J. McDonald, Esq., dated February 24, 2015, the affirmation of Andrew M. Burns, Esq., dated March 4, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted insofar as they seeks to dismiss the appeal for failure to perfect timely the appeal, and the appeal is dismissed without further order unless the appeal is perfected on or before May 11, 2015, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: March 12, 2015
Frances E. Cafarell, Clerk