INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND ON BEHALF OF ONE NIAGARA LLC V FRANK PARLATO, INDIVIDUALLY AND AS
Motion No: CA 14-01789
Slip Opinion No: 2014 NY Slip Op 88912(U)
Decided on November 3, 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.


November 3, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-01789

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.



SHMUEL SHMUELI, APPELLANT.


Respondents having moved to dismiss the appeals 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 appellants failed to perfect timely the appeals,

Now, upon reading and filing the affidavits of Frank J. Jacobson, Esq., sworn to October 2, 2014, and October 3, 2014, the notices of motion with proof of service thereof, and the affirmations of Harvey P. Sanders, Esq., dated October 9, 2014, and October 13, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are granted, and the appeals are dismissed without further order unless the appeals are perfected on or before January 2, 2015.

Entered: November 3, 2014

Frances E. Cafarell, Clerk