| EMPIRE FINANCIAL SERVICES, INC., EFS HOLDINGS LLC AND BROKER ALLIANCE GROUP, INC. V DORIS BELLANTONI, PETER CHIOLA |
| Motion No: CA 07-02233 |
| Slip Opinion No: 2007 NYSlipOp 83157(U) |
| Decided on November 7, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
DOCKET NO. CA 07-02233
| EMPIRE FINANCIAL SERVICES, INC., EFS HOLDINGS LLC AND BROKER
ALLIANCE GROUP, INC., PLAINTIFFS-APPELLANTS, V DORIS BELLANTONI, PETER CHIOLA, TERESA CHIOLA, PATRICIA L. GOTRO, MARY JANE
HOSMER, DONNA MENZA, ROBERT A. RASP, LORI ANN SCIME, VICTOR A. TOMASULO, THOMAS A. VITRANO, BARBARO ROUCCO, KATHERINE R.
MCLERNON, JOSEPH DILEO, MONY, ALSO KNOWN AS THE MONY GROUP, ALSO KNOWN AS THE MONY GROUP, INC., AND MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on June 20, 2007, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Linda H. Joseph dated October 18, 2007, the notice of motion with proof of service thereof, the opposing affidavit of James C. Roscetti sworn to October 26, 2007,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before
January 4, 2008.
Entered: November 7, 2007
JoAnn M. Wahl, Clerk