Opinion
DOCKET NO. CA 16-02142
12-12-2016
J.N.K. MACHINE CORPORATION, PLAINTIFF-RESPONDENT, v. TBW, LTD., WOOLSCHLAGER INC., AND BERNARD C. WOOLSCHLAGER, DEFENDANTS-APPELLANTS. TBW, LTD., WOOLSCHLAGER INC., AND BERNARD C. WOOLSCHLAGER, THIRD-PARTY PLAINTIFFS, v. PAMELA LODESTRO, AS EXECUTOR OF THE ESTATE OF G. MARV SCHUVER AND BART SCHUVER, THIRD-PARTY DEFENDANTS. SCHUVER'S TRUCK & TRAILER LLC AND G. BARTON SCHUVER, PLAINTIFFS, v. BERNARD C. WOOLSCHLAGER, TBW, LTD., DOING BUSINESS AS JAMESTOWN UNIT PARTS, AND WOOLSCHLAGER INC., DEFENDANTS.
PRESENT:
Respondent J.N.K Machine Corporation having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 23, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Brian D. Gwitt, Esq., sworn to November 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Paul V. Webb, Jr., Esq., sworn to December 5, 2016, 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 February 10, 2017.
Entered: December 12, 2016
Frances E. Cafarell, Clerk