| INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND ON BEHALF OF ONE NIAGARA LLC V FRANK PARLATO, INDIVIDUALLY AND AS |
| Motion No: CA 14-00427 |
| Slip Opinion No: 2014 NY Slip Op 67495(U) |
| Decided on March 21, 2014 |
| 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 14-00427
| INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND
ON BEHALF OF ONE NIAGARA LLC, PLAINTIFF-APPELLANT, 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 WHITESTAR
DEVELOPMENT CORP., DEFENDANTS-RESPONDENTS. REGER GRENGA DEVELOPMENT, LLC, REGER INVESTMENT FUND,
LLLP, RH NIAGARA BUILDING, LLC, REMAND, LLC AND TOURIST SERVICES, LLC, RESPONDENTS. |
Respondents Reger Grenga Development, LLC, Reger Investment Fund, LLLP, RH Niagara Building, LLC, Remand, 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 December 6, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven R. Kropski, Esq., dated March 3, 2014, the notice of motion with proof of service thereof, and the affirmation of Harvey P. Sanders, Esq., dated March 13, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 20, 2014.
Entered: March 21, 2014
Frances E. Cafarell, Clerk