| JAMES J. SMISLOFF V DAVID P. STOTT, JR., 1390 PITTSFORD-MENDON RD., LLC, AND NORTHCOAST WINDOW CLEANING LIMITED |
| Motion No: CA 14-02065 |
| Slip Opinion No: 2014 NY Slip Op 93235(U) |
| Decided on December 12, 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 14-02065
DOCKET NO. CA 14-02066
| JAMES J. SMISLOFF, PLAINTIFF-RESPONDENT, V DAVID P.
STOTT, JR., 1390 PITTSFORD-MENDON RD., LLC, AND NORTHCOAST WINDOW CLEANING LIMITED LIABILITY COMPANY,
DEFENDANTS-APPELLANTS. DAVID P. STOTT, JR., 1390 PITTSFORD-MENDON RD., LLC, THIRD-PARTY PLAINTIFFS-APPELLANTS,
V GREGG SMISLOFF, THIRD-PARTY DEFENDANT-RESPONDENT. JAMES J. SMISLOFF, PLAINTIFF-RESPONDENT, V DAVID P.
STOTT, JR., 1390 PITTSFORD-MENDON RD., LLC, AND NORTHCOAST WINDOW CLEANING LIMITED LIABILITY COMPANY,
DEFENDANTS-APPELLANTS. DAVID P. STOTT, JR., 1390 PITTSFORD-MENDON RD., LLC, THIRD-PARTY PLAINTIFFS-APPELLANTS,
V GREGG SMISLOFF, THIRD-PARTY DEFENDANT-RESPONDENT. |
Respondents having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 14, 2014, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of Jeremy M. Sher, Esq., dated November 19, 2014, the notice of motion with proof of service thereof, and the statement of David S. Stern, Esq., dated November 28, 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 February 10, 2015.
Entered: December 12, 2014
Frances E. Cafarell, Clerk