Dupre
v.
Arant

Appellate Division of the Supreme Court of the State of New YorkAug 17, 2016
2016 N.Y. Slip Op. 82847 (N.Y. App. Div. 2016)

DOCKET NO. CA 16-01152

08-17-2016

JOSEPH DUPRE, PLAINTIFF-APPELLANT, v. WILLIAM S. ARANT, DEFENDANT, AND GYMO ARCHITECTURE, ENGINEERING & LAND SURVEYING, P.C., DEFENDANT-RESPONDENT. WILLIAM S. ARANT, DEFENDANT THIRD-PARTY PLAINTIFF, v. INDEPENDENT COMMERCIAL CONTRACTORS, INC., THIRD-PARTY DEFENDANT.


PRESENT:

Defendant William S. Arant 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 Jefferson on March 22, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Ryan S. Suser, Esq., dated July 7, 2016, the notice of motion with proof of service thereof, and the affirmation of Robert A. Quattrocci, Esq., dated July 13, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied with leave to renew upon filing a new motion demonstrating that defendant William S. Arant is an adverse party to the appeal (see CPLR 5511).

Entered: August 17, 2016

Frances E. Cafarell, Clerk