Duraframe, LLC v. Henderson-Johnson Co.

Full title: DURAFRAME, LLC, PLAINTIFF-RESPONDENT, v. HENDERSON-JOHNSON CO., INC.…

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

Date published: Jul 14, 2016

2016 N.Y. Slip Op. 80291 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01044

07-14-2016

DURAFRAME, LLC, PLAINTIFF-RESPONDENT, v. HENDERSON-JOHNSON CO., INC., DEFENDANT-APPELLANT. HENDERSON-JOHNSON CO., INC., PLAINTIFF-APPELLANT, v. DURAFRAME, LLC, DEFENDANT-RESPONDENT. DURAFRAME, LLC. PLAINTIFF-RESPONDENT, v. HENDERSON-JOHNSON CO.,INC. AND LIBERTY MUTUAL INSURANCE COMPANY,DEFENDANTS-APPELLANTS.

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 Monroe on March 9, 2016, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Robert D. Hooks, Esq., dated June 21, 2016, the notice of motion with proof of service thereof, and the affirmation of Jordan R. Pavlus, Esq., dated July 6, 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 September 12, 2016.

Entered: July 14, 2016

Frances E. Cafarell, Clerk