Lidestri Foods, Inc. v. DDS Utils., Inc.

Full title: LIDESTRI FOODS, INC., THIRD-PARTY PLAINTIFF-APPELLANT, v. DDS UTILITIES…

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

Date published: Jul 25, 2016

2016 N.Y. Slip Op. 80829 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01169

07-25-2016

LIDESTRI FOODS, INC., THIRD-PARTY PLAINTIFF-APPELLANT, v. DDS UTILITIES, INC., THIRD-PARTY 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 April 1, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmations of Laurie Giordano-Vahey, Esq., dated July 5, 2016, and July 22, 2016, the affidavit of Daniel P. Fletcher, Esq., sworn to July 20, 2016, 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 respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 23, 2016, and

It is further ORDERED that appellant's cross motion is dismissed as unnecessary.

Entered: July 25, 2016

Frances E. Cafarell, Clerk