Collins v. Millennium Dev., LLC

Full title: WILLIAM ALLEN COLLINS, PLAINTIFF-RESPONDENT, v. MILLENNIUM DEVELOPMENT…

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

Date published: Dec 12, 2014

2014 N.Y. Slip Op. 93225 (N.Y. App. Div. 2014)

Opinion

Motion No: CA 14-01860

12-12-2014

WILLIAM ALLEN COLLINS, PLAINTIFF-RESPONDENT, v. MILLENNIUM DEVELOPMENT, LLC, VISION DEVELOPMENT, INC., AND EAGLE BUILDERS LLC, DEFENDANTS-APPELLANTS, EAGLE BUILDERS LLC, THIRD-PARTY PLAINTIFF-APPELLANT, v. JOSEPH BARONE CONSTRUCTION CORP., THIRD-PARTY DEFENDANT-RESPONDENT. JOSEPH BARONE CONSTRUCTION CORP., SECOND THIRD-PARTY PLAINTIFF-RESPONDENT, v. SUPERIOR STEEL, INC., SECOND THIRD-PARTY DEFENDANT-APPELLANT.

SCUDDER, P. J.

PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Superior Steel, Inc. having moved and Millennium Development, LLC, Vision Development, Inc. and Eagle Builders, LLC having cross-moved for an extension of time to perfect their appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 26, 2013,

Now, upon reading and filing the affirmation of Sandra J. Sabourin, Esq., dated October 7, 2014, the affidavit of Elizabeth A. Hoffman, Esq., sworn to October 10, 2014, 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 motion and cross motion are dismissed (see CPLR 1022; Bluestein v City of New York, 280 AD2d 506; Schraven v Town of Tonawanda, 238 AD2d 952).

Entered: December 12, 2014

Frances E. Cafarell, Clerk