Caysea Contracting Corp. v. Massa Constr., Inc.

Full title: CAYSEA CONTRACTING CORP., PLAINTIFF-RESPONDENT, v. MASSA CONSTRUCTION…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 11, 2017

2017 N.Y. Slip Op. 60847 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 16-02275

01-11-2017

CAYSEA CONTRACTING CORP., PLAINTIFF-RESPONDENT, v. MASSA CONSTRUCTION, INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

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 Ontario on October 3, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Mark C. Davis, Esq., dated December 16, 2016, the notice of motion with proof of service thereof, and the affidavit of Jason B. Bailey, Esq., sworn to December 30, 2016, 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 March 13, 2017.

Entered: January 11, 2017

Frances E. Cafarell, Clerk