| MURRAY EISINGER, DANEEN EISINGER, ROBERT J. KAINE, MARGARET M. KAINE, ANN M. DADD, PHILLIP O'SHEA, JR., DEBORAH O'SHEA |
| Motion No: CA 11-01356 |
| Slip Opinion No: 2011 NY Slip Op 79757(U) |
| Decided on July 28, 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 11-01356
| MURRAY EISINGER, DANEEN EISINGER, ROBERT J. KAINE, MARGARET M.
KAINE, ANN M. DADD, PHILLIP O'SHEA, JR., DEBORAH O'SHEA, ANDREW PETERS, ERIN HENNESY, GERALDINE KOTAS, JOHN MOORE, GAIL
MALYSZKA, DAVID ZAK, JUDITH DEAVERS, ERIK RUSIN, AURELIA MALACH, ROBERT CARUSO, JANE KWIATKOWSKI, KAREN DRZYMALA,
KENNETH DRZYMALA, DONNA SCIBETTA, ALL INDIVIDUALLY, AND AS MEMBERS OF THE LAKEFRONT ALLIANCE, PLAINTIFFS-RESPONDENTS,
V NEMO DEVELOPMENT, LLC, DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 15, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Eric T. Dadd, Esq., sworn to July 1, 2011, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to July 14, 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 September 28, 2011.
Entered: July 28, 2011
Patricia L. Morgan, Clerk