| PATRICK PROPERTIES, LLC, AS A MEMBER OF 2900 TRANSIT ROAD, LLC SUING IN THE RIGHT OF 2900 TRANSIT ROAD, LLC V KEVIN |
| Motion No: CA 10-02509 |
| Slip Opinion No: 2011 NY Slip Op 60281(U) |
| Decided on January 5, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-02509
| PATRICK PROPERTIES, LLC, AS A MEMBER OF 2900 TRANSIT ROAD, LLC SUING IN
THE RIGHT OF 2900 TRANSIT ROAD, LLC, PLAINTIFF-APPELLANT, V KEVIN STOCKER AND WAYNE FELLE,
DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 10, 2010,
Now, upon reading and filing the affirmation of John C. Garas, Esq. dated December 17, 2010, the notice of motion with proof of service thereof, and the affirmation of Kevin T. Stocker, Esq. dated December 21, 2010, the affirmation of Wayne C. Felle, Esq. dated December 28, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal pursuant to 22 NYCRR 1000.13 (g).
Entered: January 5, 2011
Patricia L. Morgan, Clerk