Opinion
DOCKET NO. CA 17-01556
09-11-2017
NEW YORK STATE DEPARTMENT OF TRANSPORTATION, PLAINTIFF-RESPONDENT, v. NORTH STAR PAINTING COMPANY DOING BUSINESS AS K & K PAINTING COMPANY, INC., DEFENDANT-APPELLANT.
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 Cattaraugus on April 20, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Paul D. McCormick, Esq., dated August 30, 2017, the notice of motion with proof of service thereof, and the affirmation of Peter Balouskas, Esq., dated August 31, 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 November 13, 2017.
Entered: September 11, 2017
Frances E. Cafarell, Clerk