Opinion
Motion No: CA 11-01485
08-16-2011
THE BOARD OF EDUCATION OF THE SOLVAY UNION FREE SCHOOL DISTRICT, PLAINTIFF-RESPONDENT, v. J.D. TAYLOR CONSTRUCTION CORPORATION, TURNER CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS, AND QPK DESIGN, DEFENDANT-APPELLANT. J.D. TAYLOR CONSTRUCTION CORPORATION, THIRD-PARTY PLAINTIFF, v. DAMACO WINDOW CONTRACTORS, INC., THIRD-PARTY DEFENDANT-RESPONDENT AND KALWALL CORPORATION, THIRD-PARTY DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent J.D. Taylor Construction Corporation 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 Onondaga on May 9, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jason B. Bailey, Esq., dated July 20, 2011, the notice of motion with proof of service thereof, and the affirmation of Jenna W. Klucsik, Esq., dated August 11, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before October 17, 2011.
Patricia L. Morgan, Clerk