| LEO J. ROTH CORPORATION V TRADEMARK DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC., LEGACY AT |
| Motion No: CA 11-00666 |
| Slip Opinion No: 2011 NY Slip Op 71048(U) |
| Decided on April 22, 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 11-00666
| LEO J. ROTH CORPORATION, PLAINTIFF-RESPONDENT, V TRADEMARK
DEVELOPMENT CO., INC., LEGACY AT ERIE STATION LLC, U.S. HOMES CO., INC., LEGACY AT FAIRWAYS LLC, AND MARK IV CONSTRUCTION CO., INC.,
DEFENDANTS-APPELLANTS. |
Respondent 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 November 18, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of David J. Edwards, Esq. sworn to March 30, 2011, the notice of motion with proof of service thereof, and the affirmation of Anthony J. Adams, Jr., Esq. dated April 6, 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 June 21, 2011.
Entered: April 22, 2011
Patricia L. Morgan, Clerk