| AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC V AJC PROPERTIES LLC , EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS |
| Motion No: CA 14-01247 |
| Slip Opinion No: 2014 NY Slip Op 81978(U) |
| Decided on August 27, 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., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
DOCKET NO. CA 14-01247
| AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC,
PLAINTIFF-RESPONDENT, V AJC PROPERTIES LLC, ET AL., DEFENDANTS, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS,
ANGELINE C. GENOVESE, SANDRA GIRAGE, ANDREW B. LANE AND LORENZ M. WUSTNER,
DEFENDANTS-APPELLANTS. |
Respondent 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 Erie on April 7, 2014, on the grounds of appellants' lack of standing and appellants' failure to perfect timely the appeal,
Now, upon reading and filing the affirmations of Brendan H. Little, Esq., dated July 14, 2014, and July 31, 2014, the notice of motion with proof of service thereof, and the affirmations of Arthur J. Giacalone, Esq., dated July 27, 2014, and August 1, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks to summarily dismiss the appeal prior to perfection, briefing, or oral argument of the appeal, and
It is further ORDERED that the motion is granted insofar as it seeks to dismiss the appeal for failure to perfect timely, and appellants shall perfect the appeal on or before October 27, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 27, 2014
Frances E. Cafarell, Clerk