| MARY JANE DEVINCENTIS, AS TRUSTEE FOR DEVINCENTIS DPM PC PROFIT TRUST, ALSO KNOWN AS DEVINCENTIS DPM-DEVINCENTIS, DPM |
| Motion No: CA 14-01221 |
| Slip Opinion No: 2014 NY Slip Op 79100(U) |
| Decided on July 28, 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 14-01221
| MARY JANE DEVINCENTIS, AS TRUSTEE FOR DEVINCENTIS DPM
PC PROFIT TRUST, ALSO KNOWN AS DEVINCENTIS DPM-DEVINCENTIS, DPM, P.C., DEFERRED PROFIT SHARING PLAN,
PLAINTIFF-RESPONDENT, V PARKLAND ENTERPRISES, INC., PARKLAND DEVELOPMENT, LLC, CHARLES RIZZO,
DEFENDANTS-APPELLANTS, AND MARYANN RIZZO, DEFENDANT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 31, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven R. Kropski, Esq., dated July 9, 2014, the notice of motion with proof of service thereof, and the affirmation of Patricia A. Mancabelli, Esq., dated July 17, 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 September 26, 2014.
Entered: July 28, 2014
Frances E. Cafarell, Clerk