SARAH CORSIVO, ADMINISTRATRIX OF THE ESTATE OF AUGUST R. CORSIVO, DECEASED V M & S HOTELS, LLC, MOHAN SARAN . THOMAS
Motion No: CA 09-00986
Slip Opinion No: 2009 NY Slip Op 74054(U)
Decided on June 2, 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.


June 2, 2009

DOCKET NO. CA 09-00986

SARAH CORSIVO, ADMINISTRATRIX OF THE ESTATE OF AUGUST R.

CORSIVO, DECEASED, PLAINTIFF-RESPONDENT,

V

M & S HOTELS, LLC, MOHAN SARAN, DEFENDANTS-APPELLANTS,

ET AL. DEFENDANTS.

THOMAS W. SZCZERBACKI, PLAINTIFF-RESPONDENT,

V

M & S HOTELS, LLC, HARINDER MOHAN AND

MANJITS SARAN PARTNERSHIP, DEFENDANTS-APPELLANTS,

ET AL. DEFENDANTS.


Respondent Thomas W. Szczerbacki 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 Erie on January 16, 2009, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Alan D. Voos dated May 13, 2009, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: June 2, 2009

Patricia L. Morgan, Clerk