| DANIEL F. COHOLAN, INDIVIDUALLY AND IN THE NAME & RIGHT OF RADISSON PARTNERS, LLC AND SILVERWOOD AT RADISSON, LLC AND |
| Motion No: CA 14-01853 |
| Slip Opinion No: 2014 NY Slip Op 89430(U) |
| Decided on November 7, 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. |
DOCKET NO. CA 14-01853
| DANIEL F. COHOLAN, INDIVIDUALLY AND IN THE NAME & RIGHT
OF RADISSON PARTNERS, LLC AND SILVERWOOD AT RADISSON, LLC AND ON BEHALF OF ALL OTHER MEMBERS OF THE LLC'S LISTED
SIMILARLY SITUATED, IF ANY, PLAINTIFF-APPELLANT, V RADISSON PARTNERS, LLC, SILVERWOOD AT RADISSON, LLC, E.
CARLYLE SMITH, ALAN B. FOSTER, MD, FOSTER FAMILY, LLC, JOHN DOE, A PERSON AND/OR ENTITY BEING FICTITIOUS AND UNKNOWN TO
PLAINTIFF, THE PERSON OR PARTY INTENDED BEING THE PERSON OR PARTY, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR TO
RADISSON PARTNERS, LLC AND/OR SILVERWOOD AT RADISSON, LLC OR POSSESSING SHARES OF EITHER ENTITY NOW OR IN THE FUTURE,
DEFENDANTS-RESPONDENTS. |
Respondents 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 Onondaga on April 10, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jon P. Devendorf, Esq., dated October 15, 2014, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: November 7, 2014
Frances E. Cafarell, Clerk