Opinion
DOCKET NO. CA 16-01273
02-28-2017
ISKALO ELECTRIC TOWER LLC AND DOWNTOWN CBD INVESTORS LLC, PLAINTIFFS-APPELLANTS, v. STANTEC CONSULTING SERVICES, INC., DEFENDANT-RESPONDENT.
PRESENT:
Appellants having moved for an order of the Court determining the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 18, 2015, was timely perfected,
Now, upon reading and filing the affirmation and statement of John C. Garas, Esq., dated January 30, 2017, and received February 6, 2017, the notice of motion with proof of service thereof, the affirmation of F. Paul Greene, Esq., dated February 16, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: February 28, 2017
Frances E. Cafarell, Clerk