| ALTSHULER SHAHAM PROVIDENT FUNDS, LTD. V GML TOWER LLC, GML ADDIS LLC, AMERIS HOLDINGS INC., LEVY KUSHNIR, FINANCITECH |
| Motion No: CA 10-01745 |
| Slip Opinion No: 2010 NY Slip Op 86935(U) |
| Decided on October 29, 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., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 10-01745
| ALTSHULER SHAHAM PROVIDENT FUNDS, LTD., PLAINTIFF-APPELLANT,
V GML TOWER LLC, GML ADDIS LLC, AMERIS HOLDINGS INC., LEVY KUSHNIR, FINANCITECH, LTD, THE PIKE COMPANY, INC., PYRAMID
ROOFING & SHEET METAL CO., INC. L.A. PAINTING, INC., THE HAYNER HOYT CORPORATION, THE EFFECT GROUP, INC., SYRACUSE MERIT ELECTRIC, A
DIVISION OF O'CONNELL ELECTRIC CO., INC., DEFENDANTS-RESPONDENTS. |
Respondent The Hayner Hoyt Corporation having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 20, 2010, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Martin A. Lynn, Esq. dated September 24, 2010, the notice of motion with proof of service thereof, the affirmation of Stephen G. Rinehart, Esq. dated October 1, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before December 28, 2010.
Entered: October 29, 2010
Patricia L. Morgan, Clerk