MLCFC 2006-4 PALMER BUILDINGS, LLC V TITAN PROPERTIES TWO OF ROCHESTER, LLC, TITAN PROPERTIES OF ROCHESTER, LLC, LINDA
Motion No: CA 12-01553
Slip Opinion No: 2012 NY Slip Op 83884(U)
Decided on September 12, 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.


September 12, 2012

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-01553

MLCFC 2006-4 PALMER BUILDINGS, LLC, PLAINTIFF-RESPONDENT,

V

TITAN PROPERTIES TWO OF ROCHESTER, LLC,

TITAN PROPERTIES OF ROCHESTER, LLC,

LINDA V. PALMER, AS TRUSTEE OF THE

PALMER FAMILY TRUST, DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.


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 May 7, 2012, on the ground that the notice of appeal is invalid and ineffective and the appeal was not properly taken, and having moved for other relief,

Now, upon reading and filing the affirmation of Maureen T. Bass, Esq., dated August 16, 2012, 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 to the extent that the appeal is dismissed.

Entered: September 12, 2012

Frances E. Cafarell, Clerk