| NANCY D. GILLESPIE AND PATRICK GILLESPIE V INTER-CONTINENTAL HOTELS CORPORATION AND INTERCONTINENTAL HOTELS GROUP PLC |
| Motion No: CA 10-02308 |
| Slip Opinion No: 2010 NY Slip Op 91694(U) |
| Decided on December 17, 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 10-02308
| NANCY D. GILLESPIE AND PATRICK GILLESPIE,
PLAINTIFFS-RESPONDENTS, V INTER-CONTINENTAL HOTELS CORPORATION AND INTERCONTINENTAL HOTELS GROUP PLC, DEFENDANTS,
GRAND HOTEL INTERCONTINENTAL PARIS SNC, DEFENDANT-APPELLANT. |
Respondents 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 Monroe on August 31, 2010, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affirmation of John C. Nutter, Esq. dated November 18, 2010, the affirmation of Howard W. Burns, Jr., Esq. dated December 1, 2010, and 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 is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 4, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: December 17, 2010
Patricia L. Morgan, Clerk