Opinion
DOCKET NO. CA 13-01946
12-16-2013
FREDERICK NEVILLE AND LUCY NEVILLE, PLAINTIFFS-RESPONDENTS, v. CHAUTAUQUA LAKE CENTRAL SCHOOL DISTRICT, LP CIMINELLI, INC. DEFENDANTS-APPELLANTS, ESKO EQUIPMENT MANUFACTURING LTD. AND ALL SEASONS EQUIPMENT DIVISION OF ESKO EQUIP. MFG., DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
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 Chautauqua on February 28, 2013, on the ground of laches,
Now, upon reading and filing the affirmation of Michael C. Lancer, Esq., dated October 22, 2013, the affirmation of A. Peter Snodgrass, Esq., dated October 29, 2013, the notice of motion with proof of service thereof, and the affidavit of H. Ward Hamlin, Jr., Esq., dated October 29, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Frances E. Cafarell, Clerk