COR Route 5 Co. v. Vill. of Fayetteville

Full title: IN THE MATTER OF COR ROUTE 5 COMPANY, LLC, PETITIONER-APPELLANT, v…

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

Date published: Jan 26, 2016

2016 N.Y. Slip Op. 62677 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00062

01-26-2016

IN THE MATTER OF COR ROUTE 5 COMPANY, LLC, PETITIONER-APPELLANT, v. VILLAGE OF FAYETTEVILLE, VILLAGE OF FAYETTEVILLE BOARD OF TRUSTEES AND GOODFELLOW CONSTRUCTION MANAGEMENT, LTD., RESPONDENTS-RESPONDENTS.

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

PRESENT:

Respondent Goodfellow Construction Management, Ltd. 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 August 18, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Walter D. Kogut, Esq., dated January 11, 2016, the notice of motion with proof of service thereof, and the affirmation of Gabrielle Mardany Hope, Esq., dated January 15, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed with respect to respondent Goodfellow Construction Management, Ltd., without further order, unless the appeal is perfected on or before March 28, 2016.

Entered: January 26, 2016

Frances E. Cafarell, Clerk