Wm. Schutt & Assocs. Eng'g & Land Surveying P.C.v.St. Bonaventure Univ.

Appellate Division of the Supreme Court of the State of New YorkJul 26, 2016
2016 N.Y. Slip Op. 80858 (N.Y. App. Div. 2016)

DOCKET NO. CA 16-01185

07-26-2016

WM. SCHUTT & ASSOCIATES ENGINEERING AND LAND SURVEYING P.C., PLAINTIFF-RESPONDENT, v. ST. BONAVENTURE UNIVERSITY, DEFENDANT, JAMES W. MANGUSO DOING BUSINESS AS LAUER-MANGUSO & ASSOCIATES ARCHITECTS, DEFENDANT-APPELLANT, BONAVENTURE SQUARE, LLC, ROSS, WILSON & ASSOCIATES, INC. AND KINLEY CORPORATION, DEFENDANTS.


PRESENT:

Respondent 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 Cattaraugus on March 25, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Robert E. Knoer, Esq., dated July 6, 2016, the notice of motion with proof of service thereof, and the affirmation of Rebecca M. Kujawa, Esq., dated July 15, 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 September 26, 2016.

Entered: July 26, 2016

Frances E. Cafarell, Clerk