| ART CAPITAL PARTNERS, LP, ART HOLDINGS, LLC, KEITH A. BLAKELY, LINDA B. BLAKELY, W. DALE COMPTON, AS TRUSTEE UNDER THE |
| Motion No: CA 11-00740 |
| Slip Opinion No: 2011 NY Slip Op 71057(U) |
| Decided on April 25, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-00740
| ART CAPITAL PARTNERS, LP, ART HOLDINGS, LLC, KEITH A. BLAKELY, LINDA B.
BLAKELY, W. DALE COMPTON, AS TRUSTEE UNDER THE W. DALE COMPTON TRUST AGREEMENT, DATED MAY 18, 1977, MICHAEL T. KELLEY, JAMES W.
TAKACS, AS TRUSTEE OF THE EVANS FAMILY TRUST, ROGER STORM, WARBURG, PINCUS CAPITAL PARTNERS, L.P., JAMES B. ADLER, HARVEY H. BLAKELY,
E. JOHN FINN, ANDREW G. KNAFEL AND SIDNEY R. KNAFEL, INDIVIDUALLY AND AS TRUSTEES OF THE DOUGLAS R. KNAFEL TRUST (1983), DON
KOSTER, GEORGE PASHEL, PINPOINT PARTNERS I, MARY T. SPOHN AND JAMES H. STEINER, PLAINTIFFS-RESPONDENTS, V TYCO ACQUISITION CORP.
XVIII, NOW KNOWN AS MA/COM TECH HOLDINGS, INC., TYCO ELECTRONICS CORPORATION, TYCO INTERNATIONAL (US) INC., TYCO INTERNATIONAL LTD.
AND M/A-COM CERAM, INC., DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 30, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of K. Michael Sawicki, Esq. sworn to April 5, 2011, the notice of motion with proof of service thereof, and the affidavit of William P. Keefer, Esq. sworn to April 13, 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 24, 2011.
Entered: April 25, 2011
Patricia L. Morgan, Clerk