| CHARLES TERWILLIGER AND HELEN TERWILLIGER V MAX CO., LTD., MAX USA CORP., NUMAX, INC. MAX CO., LTD., MAX USA CORP., |
| Motion No: CA 15-00453 |
| Slip Opinion No: 2015 NY Slip Op 68161(U) |
| Decided on March 24, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00453
| CHARLES TERWILLIGER AND HELEN TERWILLIGER,
PLAINTIFFS-APPELLANTS, V MAX CO., LTD., MAX USA CORP., NUMAX, INC., DEFENDANTS-RESPONDENTS. MAX CO., LTD., MAX USA CORP.,
DEFENDANT THIRD-PARTY PLAINTIFFS, V JASON SMITH, HMT ENTERPRISES, INC., AND HELEN TERWILLIGER DOING BUSINESS AS HMT
ENTERPRISES UNLIMITED, THIRD-PARTY DEFENDANTS. CHARLES TERWILLIGER, PLAINTIFF-APPELLANT, V HELEN TERWILLIGER DOING
BUSINESS AS HMT ENTERPRISES UNLIMITED, HMT ENTERPRISES, INC. AND JASON SMITH,
DEFENDANTS-RESPONDENTS. |
Respondents Helen Terwilliger doing business as HMT Enterprises Unlimited, HMT Enterprises, Inc., and Jason Smith 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 Erie on November 12, 2014, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Katie L. Renda, Esq., dated March 4, 2015, and March 19, 2015, the notice of motion with proof of service thereof, the affirmation of William A. Quilan, Esq., dated March 13, 2015, and the affirmation of Richard S. Binko, Esq., dated March 17, 2015,
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 May 26, 2015.
Entered: March 24, 2015
Frances E. Cafarell, Clerk