| DANA DARLING, INDIVIDUALLY AND ON BEHALF OF THE MEMBERS OF BOSTON VALLEY COMMONS LLC, OWNER OF FIFTY PERCENT (50%) |
| Motion No: CA 13-01042 |
| Slip Opinion No: 2013 NY Slip Op 77314(U) |
| Decided on June 18, 2013 |
| 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 13-01042
| DANA DARLING, INDIVIDUALLY AND ON BEHALF OF THE MEMBERS
OF BOSTON VALLEY COMMONS LLC, OWNER OF FIFTY PERCENT (50%) INTEREST IN BOSTON VALLEY COMMONS LLC,
PLAINTIFF-APPELLANT, V BOSTON VALLEY COMMONS LLC, RAY T. WEBBER, INDIVIDUALLY AND AS GENERAL MANAGER OF
BOSTON VALLEY COMMONS LLC, DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 21, 2012,
Now, upon reading and filing the affidavit of Sean W. Hopkins, Esq., sworn to May 31, 2013, 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 dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: June 18, 2013
Frances E. Cafarell, Clerk