| INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND ON BEHALF OF ONE NIAGARA LLC V FRANK PARLATO, INDIVIDUALLY AND AS |
| Motion No: CA 13-01701 |
| Slip Opinion No: 2013 NY Slip Op 88533(U) |
| Decided on October 10, 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. |
DOCKET NO. CA 13-01701
| INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND
ON BEHALF OF ONE NIAGARA LLC, PLAINTIFF, V FRANK PARLATO, INDIVIDUALLY AND AS PRESIDENT OF WHITESTAR
DEVELOPMENT CORP., AS MANAGER AND, OR FORMER MANAGER OF ONE NIAGARA LLC, PAUL GRENGA, INDIVIDUALLY AND AS PRESIDENT
OF WHITESTAR DEVELOPMENT CORP. AND AS CLAIMED CURRENT MANAGER OF ONE NIAGARA LLC AND DEFENDANTS.
WHITESTAR DEVELOPMENT CORP., DEFENDANT-RESPONDENT, ALTISSIMA LIMITED, RESPONDENT-APPELLANT, REGER GRENGA
DEVELOPMENT, LLC AND TOURIST SERVICES, LLC, RESPONDENTS. |
Respondents Reger Grenga Development, LLC and Tourist Services, LLC 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 Niagara on April 16, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Gregory P. Photiadis, Esq., dated September 20, 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 granted and the appeal is dismissed without costs.
Entered: October 10, 2013
Frances E. Cafarell, Clerk