Durham Commercial Capital Corp. v. Wadsworth Golf Constr. Co. of the Midwest, Inc.

Full title: DURHAM COMMERCIAL CAPITAL CORP., PLAINTIFF-APPELLANT, v. WADSWORTH GOLF…

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

Date published: May 30, 2017

2017 N.Y. Slip Op. 75680 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-00855

05-30-2017

DURHAM COMMERCIAL CAPITAL CORP., PLAINTIFF-APPELLANT, v. WADSWORTH GOLF CONSTRUCTION COMPANY OF THE MIDWEST, INC. ALSO KNOWN AS WADSWORTH GOLF CONSTRUCTION COMPANY, DEFENDANT-RESPONDENT.

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 February 7, 2017, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Robert D. Hooks, Esq., sworn to May 5, 2017, the notice of motion with proof of service thereof, and the affidavit of John A. Cirando, Esq., sworn to May 12, 2017, 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 July 31, 2017.

Entered: May 30, 2017

Frances E. Cafarell, Clerk