DANIEL F. COHOLAN, INDIVIDUALLY AND IN THE NAME & RIGHT OF RADISSON PARTNERS, LLC AND SILVERWOOD AT RADISSON, LLC AND

DANIEL F. COHOLAN, INDIVIDUALLY AND IN THE NAME & RIGHT OF RADISSON PARTNERS, LLC AND SILVERWOOD AT RADISSON, LLC AND

Motion No: CA 15-00512

Slip Opinion No: 2015 NY Slip Op 70307(U)

Decided on April 14, 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.

April 14, 2015

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

DOCKET NO. CA 15-00512

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 December 16, 2014, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Jason C. Halpin, Esq., dated March 23, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed as premature.

Entered: April 14, 2015

Frances E. Cafarell, Clerk