| FRANK PARLATO, JR., INDIVIDUALLY AND AS MANAGER OF ONE NIAGARA, LLC AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP. AND |
| Motion No: NOS. CA 08-01817, CA 08-01818 AND CA 08-01819 |
| Slip Opinion No: 2009 NYSlipOp 67034(U) |
| Decided on March 17, 2009 |
| 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, CENTRA, AND FAHEY, JJ.
DOCKET NOS. CA 08-01817, CA 08-01818 AND CA 08-01819
| FRANK PARLATO, JR., INDIVIDUALLY AND AS MANAGER OF ONE NIAGARA, LLC
AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP. AND WHITESTAR DEVELOPMENT CORP. AS A MEMBER OF ONE NIAGARA, LLC,
PLAINTIFFS-RESPONDENTS, V INCREDIBLE INVESTMENTS LIMITED, SHMUEL SHMUELI, DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANT. |
Appellants having moved for an extension of time to perfect the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 21, 2008, July 15, 2008 and August 7, 2008,
Now, upon reading and filing the affidavit of David E. Gutkowski sworn to March 6, 2009, the affidavit of Steven M. Cohen sworn to March 6, 2009, the notice of motion with proof of service thereof, the opposing affidavit of John G. Schmidt, Jr. sworn to March 12, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and appellants shall perfect the appeals on or before May 15, 2009, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: March 17, 2009
JoAnn M. Wahl, Clerk