Opinion
DOCKET NO. CA 14-00238
03-07-2014
BOARD OF TRUSTEES OF THE IBEW LOCAL 43 ELECTRICAL CONTRACTORS HEALTH AND WELFARE, ANNUITY, AND PENSION FUNDS, PLAINTIFF-APPELLANT, v. D'ARCANGELO & CO., LLP, DEFENDANT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent 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 October 29, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the statement of Andrea Schillaci, Esq., dated February 4, 2014, and the affirmation of Andrea Schillaci, Esq., dated February 5, 2014, the notice of motion with proof of service thereof, and the affidavit of John D. Goldman, Esq., sworn to February 19, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as untimely (see 22 NYCRR 1000.12 [a]).
Frances E. Cafarell, Clerk