| INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND ON BEHALF OF ONE NIAGARA LLC, AND SHMUEL SHMUELI V FRANK PARLATO |
| Motion No: CA 14-01572 |
| Slip Opinion No: 2014 NY Slip Op 84498(U) |
| Decided on September 18, 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 14-01572
| INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND
ON BEHALF OF ONE NIAGARA LLC, AND SHMUEL SHMUELI, PLAINTIFFS-APPELLANTS, 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,
WHITESTAR DEVELOPMENT CORP., DEFENDANTS, REGER GRENGA DEVELOPMENT, LLC, RH NIAGARA BUILDING, LLC, REMAN, LLC, AND
TOURIST SERVICES, LLC, DEFENDANTS-RESPONDENTS, |
Reger Grenga Development, LLC, RH Niagara Building, LLC, Reman, LLC, and Tourist Services, LLC having moved to dismiss Incredible Investments Limited's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 13, 2014, on the ground that Incredible Investments Limited failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven R. Kropski, Esq., dated August 26, 2014, the notice of motion with proof of service thereof, and the affirmations of Harvey P. Sanders, Esq., dated September 4, 2014, and September 5, 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 November 17, 2014.
Entered: September 18, 2014
Frances E. Cafarell, Clerk