| FRANKLIN PARK PLAZA, LLC, V V & J NATIONAL ENTERPRISES, LLC, . |
| Motion No: CA 08-00779 |
| Slip Opinion No: 2008 NYSlipOp 69868(U) |
| Decided on April 21, 2008 |
| 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00779
| FRANKLIN PARK PLAZA, LLC, PLAINTIFF-APPELLANT-RESPONDENT, V V
& J NATIONAL ENTERPRISES, LLC, DEFENDANT-RESPONDENT-APPELLANT. |
Respondent-appellant 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 Onondaga on October 31, 2007, on the ground that appellant-respondent has failed to perfect timely the appeal, or in the alternative to consolidate the appeal with its cross appeal from the order,
Now, upon reading and filing the affirmation of Russell E. Maines dated April 10, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Suzanne K. Lehman sworn to April 17, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeal is dismissed without further order unless the appeal is perfected on or before June 5, 2008, and the appeal and cross appeal are hereby consolidated for the purposes of perfecting and arguing the appeal and cross appeal.
Entered: April 21, 2008
JoAnn M. Wahl, Clerk