| 10 ELLICOTT SQUARE COURT CORPORATION, DOING BUSINESS AS ELLICOTT DEVELOPMENT CO., LLC, 1097 GROUP, LLC., 4628 GROUP |
| Motion No: CA 10-00992 |
| Slip Opinion No: 2010 NY Slip Op 73818(U) |
| Decided on May 28, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00992
| 10 ELLICOTT SQUARE COURT CORPORATION, DOING BUSINESS AS ELLICOTT
DEVELOPMENT CO., LLC, 1097 GROUP, LLC., 4628 GROUP, INC., PLAINTIFFS-APPELLANTS, V VIOLET REALTY, INC., VIOLET REALTY, INC.
DOING BUSINESS AS MAIN PLACE LIBERTY GROUP, AND PATRICK HOTUNG, DEFENDANTS-RESPONDENTS. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 10, 2010, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal from the same order and judgment,
Now, upon reading and filing the affidavit of Chanel T. White, Esq. sworn to May 3, 2010, the affirmation of Jennifer C. Persico, Esq. dated May 10, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before July 27, 2010.
Entered: May 28, 2010
Patricia L. Morgan, Clerk