INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND ON BEHALF OF ONE NIAGARA LLC V FRANK PARLATO, INDIVIDUALLY AND AS

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 91133(U)

Decided on November 8, 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.

November 8, 2013

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

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.

Appellant having moved to vacate the dismissal of 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,

Now, upon reading and filing the affidavit of Philip B. Abramowitz, Esq., sworn to October 18, 2013, the notice of motion with proof of service thereof, and the affirmation of Gregory P. Photiadis, Esq., dated October 29, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied, with leave to renew upon timely filing and serving a new motion that includes, among other things, an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).

Entered: November 8, 2013

Frances E. Cafarell, Clerk