| PHILIP R. INTERNICOLA, INDIVIDUALLY AND AS A SHAREHOLDER OF FLYING BISON BREWING COMPANY SUING ON BEHALF OF HIMSELF AND |
| Motion No: CA 10-01995 |
| Slip Opinion No: 2010 NY Slip Op 87676(U) |
| Decided on November 5, 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 10-01995
| PHILIP R. INTERNICOLA, INDIVIDUALLY AND AS A SHAREHOLDER OF FLYING
BISON BREWING COMPANY SUING ON BEHALF OF HIMSELF AND ALL OTHER SHAREHOLDERS OF FLYING BISON BREWING COMPANY SIMILARLY SITUATED
AND IN THE RIGHT OF FLYING BISON BREWING COMPANY, PLAINTIFF-APPELLANT, V FLYING BISON BREWING COMPANY, TIMOTHY P.
HERZOG, MARY HERZOG, STEPHEN JACKSON, DONALD WACH, DEFENDANTS-RESPONDENTS, MATT BREWING COMPANY, INC., ABC
CORPORATIONS, DEFENDANT. |
Respondents having moved to dismiss on the appeal taken herein from the order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 28, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David M. Stillwell, Esq. sworn to September 29, 2010, the notice of motion with proof of service thereof, and the affirmation of Brendan H. Little, Esq. sworn to October 6, 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 January 4, 2011.
Entered: November 5, 2010
Patricia L. Morgan, Clerk