Lake Placid Group LLC and Joseph J. Barile v Thomas Restaurant Associates LLC et

Motion No: 506512

Slip Opinion No: 2009 NYSlipOp 68669(U)

Decided on April 2, 2009

Appellate Division, Third 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.

Decided and Entered: April 2, 2009

Case # 506512

LAKE PLACID GROUP LLC, Plaintiff, and JOSEPH J. BARILE, Appellant, v THOMAS RESTAURANT ASSOCIATES LLC et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, without costs, and without prejudice to the issues involved being raised upon the argument of the appeal.
CARDONA, P.J., SPAIN, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court