| 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: 2014 NY Slip Op 73955(U) |
| Decided on May 30, 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 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 April 25, 2014, the affirmation of Robert J. Lunn, Esq., dated April 25, 2014, the notice of motion with proof of service thereof, and the affirmation of Stephen R. Kropski, Esq., dated May 14, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, on the condition that appellant perfects the appeal on or before July 29, 2014.
Entered: May 30, 2014
Frances E. Cafarell, Clerk