| JOHN J. WARREN V LAWRENCE R. ELLIS, III, WILLIAM CARL ELLIS, CHRISTINE A. KAPAKOS, AND LILLIAN D. ELLIS, AS TRUSTEES |
| Motion No: CA 10-02510 |
| Slip Opinion No: 2011 NY Slip Op 63038(U) |
| Decided on February 1, 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 10-02510
| JOHN J. WARREN, PLAINTIFF, V LAWRENCE R. ELLIS, III, WILLIAM CARL
ELLIS, CHRISTINE A. KAPAKOS, AND LILLIAN D. ELLIS, AS TRUSTEES UNDER THE WILL OF LAWRENCE R. ELLIS, JR., DECEASED, DATED DECEMBER
23, 1986, THE TRUST UNDER THE WILL OF LAWRENCE R. ELLIS, JR., DATED DECEMBER 23, 1986, DEFENDANTS-APPELLANTS, FINGER LAKES BOOK COMPANY,
AND ALL ABOUT BOOKS, LLC, DEFENDANTS-RESPONDENTS. |
Defendants All About Books, LLC and Finger Lakes Books Company 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 Ontario on September 2, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Colin D. Ramsey, Esq. dated December 20, 2010, the notice of motion with proof of service thereof, and the affidavit of Destin C. Santacrose, Esq. sworn to January 3, 2011, 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 April 4, 2011.
Entered: February 1, 2011
Patricia L. Morgan, Clerk