Zelasko Constr., Inc. v. Merchants Mut. Ins. Co.

Full title: ZELASKO CONSTRUCTION, INC., PLAINTIFF-RESPONDENT, v. MERCHANTS MUTUAL…

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

Date published: Nov 9, 2015

2015 N.Y. Slip Op. 90941 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-01754

11-09-2015

ZELASKO CONSTRUCTION, INC., PLAINTIFF-RESPONDENT, v. MERCHANTS MUTUAL INSURANCE COMPANY, DEFENDANT-APPELLANT.

SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

PRESENT:

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 12, 2014,

Now, upon reading and filing the affirmations of Steven E. Peiper, Esq., dated October 13, 2015, and October 23, 2015, the notice of motion with proof of service thereof, and the affidavits of Michael B. Powers, Esq., sworn to October 22, 2015, and November 2, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before December 14, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 9, 2015

Frances E. Cafarell, Clerk