| ADAM WEIERHEISER V MCCANN'S INC., DOING BUSINESS AS MOONEY'S SPORTS BAR & GRILL, AND DARRT AMUSEMENT, INC. |
| Motion No: CA 14-01684 |
| Slip Opinion No: 2014 NY Slip Op 88916(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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-01684
| ADAM WEIERHEISER, PLAINTIFF-RESPONDENT, V MCCANN'S INC., DOING
BUSINESS AS MOONEY'S SPORTS BAR & GRILL, AND DARRT AMUSEMENT, INC., DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal of Darrt Amusement, Inc. taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 15, 2014, on the ground that appellant Darrt Amusement, Inc. failed to perfect timely the appeal, and respondent having moved for an extension of time to file and serve a brief on the appeals taken herein,
Now, upon reading and filing the affirmation of Gregory V. Pajak, Esq., dated September 30, 2014, the notice of motion with proof of service thereof, and the affirmation of John M. Coyle, Esq., dated October 16, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss Darrt Amusement, Inc.'s appeal, and that appeal is dismissed without further order unless its appeal is perfected on or before November 26, 2014, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to file and serve a respondent's brief, on the condition that the brief is filed and served on or before December 11, 2014.
Entered: November 3, 2014
Frances E. Cafarell, Clerk