| THERESA E. MARTIN, V 21 GOODWAY DRIVE, INC., ROCHESTER ATHLETIC CLUB ROCHESTER ATHLETIC CLUB, 21 GOODWAY DRIVE, INC., |
| Motion No: CA 10-01331 |
| Slip Opinion No: 2010 NY Slip Op 77498(U) |
| Decided on July 15, 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 10-01331
| THERESA E. MARTIN, PLAINTIFF-APPELLANT-RESPONDENT, V 21
GOODWAY DRIVE, INC., ROCHESTER ATHLETIC CLUB, DEFENDANTS-RESPONDENTS, ROCHESTER ATHLETIC CLUB, 21 GOODWAY DRIVE, INC.,
THIRD-PARTY PLAINTIFFS-RESPONDENTS, V YORUK PROPERTIES, LLC, THIRD-PARTY
DEFENDANT-RESPONDENT-APPELLANT. |
Third-party defendant Yoruk Properties, LLC 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 Monroe on October 14, 2009, on the ground that plaintiff Theresa E. Martin has failed to perfect timely the appeal, and
Defendants/third-party plaintiffs 21 Goodway Drive, Inc. and Rochester Athletic Club having cross-moved to dismiss the appeal of plaintiff from the same order,
Now, upon reading and filing the affidavit of Alison M. K. Lee, Esq. sworn to June 7, 2010, the affidavit of Michael E. Appelbaum, Esq. sworn to June 16, 2010, the notices of motion and cross motion with proof of service thereof, the affidavit of Ellen B. Sturm, Esq. sworn to June 10, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 11, 2010.
Entered: July 15, 2010
Patricia L. Morgan, Clerk