| DANA MESLER AND CYNTHIA MESLER, V PODD LLC, DEVELOPERS DIVERSIFIED REALTY CORPORATION . JJK MANAGEMENT, INC., WEIGHT |
| Motion No: CA 11-00499 |
| Slip Opinion No: 2011 NY Slip Op 78751(U) |
| Decided on July 20, 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: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORKI, JJ.
DOCKET NO. CA 11-00499
DOCKET NO. CA 11-01030
| DANA MESLER AND CYNTHIA MESLER,
PLAINTIFFS-RESPONDENTS-APPELLANTS, V PODD LLC, DEVELOPERS DIVERSIFIED REALTY CORPORATION, ET AL., DEFENDANTS. JJK
MANAGEMENT, INC., WEIGHT WATCHERS INTERNATIONAL, INC., AND WEIGHT WATCHERS NORTH AMERICA, INC.,
DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.) DANA MESLER, ET AL., PLAINTIFFS, V PODD LLC, DEVELOPERS DIVERSIFIED
REALTY CORPORATION, ET AL., DEFENDANTS, DEVELOPERS DIVERSIFIED REALTY CORPORATION AND BG BCF, LLC, THIRD-PARTY
PLAINTIFFS-RESPONDENTS, V JJK MANAGEMENT, INC., THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO.
2.) |
Plaintiffs Dana Mesler and Cynthia Mesler (plaintiffs) having moved to vacate the dismissal of their cross appeal, to extend their time to file and serve a respondent's brief, and to consolidate their cross appeal with the other appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 26, 2010,
Now, upon reading and filing the affirmation of Debra A. Norton, Esq., dated June 22, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that plaintiffs file and serve their brief and perfect their cross appeal on or before August 8, 2011, and the Clerk is directed to accept plaintiffs' brief for filing.
Entered: July 20, 2011
Patricia L. Morgan, Clerk