| GROVE PLACE TOWNHOUSES, LLC V WOODLARK PROPERTIES II, LP |
| Motion No: CA 11-02551 |
| Slip Opinion No: 2012 NY Slip Op 62263(U) |
| Decided on January 23, 2012 |
| 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 11-02551
| GROVE PLACE TOWNHOUSES, LLC, PLAINTIFF-APPELLANT, V
WOODLARK PROPERTIES II, LP, DEFENDANT-RESPONDENT. |
Plaintiff-appellant having moved for an order deeming the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 1, 2011, to be a valid appeal and for an extension of time to perfect the appeal taken herein,
Now, upon reading and filing the affidavits of Reuben Ortenberg, Esq. sworn to December 16, 2011, and December 22, 2011, the notices of motion with proof of service thereof, and the affirmation of Robert L. Lash, Esq., dated January 5, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an order deeming the appeal from an order entered March 1, 2011, to be a valid appeal by plaintiff-appellant is granted, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted and plaintiff-appellant shall perfect the appeal on or before February 21, 2012, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 23, 2012
Frances E. Cafarell, Clerk