Universal Res. Holdings, Inc. v. North Penn Pipe & Supply, Inc.

Full title: UNIVERSAL RESOURCES HOLDINGS, INC., PLAINTIFF-APPELLANT, v. NORTH PENN…

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

Date published: Sep 15, 2011

2011 N.Y. Slip Op. 84361 (N.Y. App. Div. 2011)

Opinion

DOCKET NO. CA 11-01647

09-15-2011

UNIVERSAL RESOURCES HOLDINGS, INC., PLAINTIFF-APPELLANT, v. NORTH PENN PIPE & SUPPLY, INC., DEFENDANT-RESPONDENT. NORTH PENN PIPE & SUPPLY, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, v. WHEATLAND TUBE COMPANY AND WHEATLAND STEEL PRODUCTS COMPANY, THIRD-PARTY DEFENDANTS-RESPONDENTS.

SCUDDER

PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Respondents Wheatland Tube Company and Wheatland Steel Products Company 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 Chautauqua on April 29, 2011, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Michael F. Chelus, Esq., dated August 10, 2011, the affidavit of Michael F. Chelus, Esq., sworn to August 17, 2011, the notice of motion with proof of service thereof, and the affirmation of J. Ryan White, Esq., dated August 25, 2011, 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 14, 2011.

Patricia L. Morgan, Clerk