Opinion
DOCKET NO. CA 14-02075
05-19-2015
T.J. MADDEN CONSTRUCTION COMPANY,INC., MATANUSKA DEVELOPMENT, LLC,TULUKSAK DEVELOPMENT,LLC,MANOKOAK DEVELOPMENT, LLC, AND THOMAS J. MADDEN, JR., PLAINTIFFS-APPELLANTS, v. DOLOMITEPRODUCTS COMPANY, INC., AND CALLANAN INDUSTRIES, INC., DEFENDANTS-RESPONDENTS.
PRESENT:
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 8, 2014, on the ground that the appeal was not timely taken, and plaintiffs having cross-moved for relief pursuant to CPLR 5520 (a),
Now, upon reading and filing the affirmation of James Barriere, Esq., dated May 7, 2015, the notice of motion with proof of service thereof, the affirmation of John D. Hoggan, Jr., Esq., dated May 12, 2015, the affidavit of Joseph S. Derry, Jr., Esq. sworn to May 12, 2015, and the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs, and
It is further ORDERED that the cross motion is denied.
Entered: May 19, 2015
Frances E. Cafarell, Clerk