Resetarits Constr. Corp. v. City of Niagara Falls

Full title: RESETARITS CONSTRUCTION CORPORATION, PLAINTIFF-APPELLANT-RESPONDENT, v…

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

Date published: Apr 14, 2015

2015 N.Y. Slip Op. 70330 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-00492

04-14-2015

RESETARITS CONSTRUCTION CORPORATION, PLAINTIFF-APPELLANT-RESPONDENT, v. CITY OF NIAGARA FALLS, DEFENDANT-RESPONDENT-APPELLANT.

SCUDDER, P.J.

PRESENT: , SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

Plaintiff having moved to expedite its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 21, 2014, and having moved to dismiss defendant's cross appeal on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Kathryn G. Di'Angelo, Esq., sworn to March 25, 2015, the notice of motion with proof of service thereof, and the affidavit of Thomas M. O'Donnell, Esq., sworn to April 2, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to expedite the appeal is denied, and

It is further ORDERED that the motion insofar as it seeks to dismiss defendant's cross appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 15, 2015.

Entered: April 14, 2015

Frances E. Cafarell, Clerk