| INDUS PVR LLC V MAA-SHARDA, INC. ROSHAN HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS H.P. PATEL, AS |
| Motion No: CA 15-00805 |
| Slip Opinion No: 2015 NY Slip Op 78573(U) |
| Decided on July 8, 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 15-00805
DOCKET NO. CA 15-00806
DOCKET NO. CA 15-00807
| INDUS PVR LLC, PLAINTIFF-RESPONDENT, V MAA-SHARDA, INC.,
DEFENDANT-APPELLANT, ROSHAN HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS H.P. PATEL, AS EXECUTOR/ADMINISTRATOR OF THE ESTATE OF
VAJYABEN PATEL, DECEASED, RTM CONSTRUCTION, INC., WEDDING PLANNER CORP., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,
VIA HEALTH ROCHESTER GENERAL HOSPITAL, MRS. PATEL, DEFENDANTS. (APPEAL NO. 1.) INDUS PVR LLC, PLAINTIFF-RESPONDENT, V
MAA-SHARDA, INC., DEFENDANT-APPELLANT, ROSHAN HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS H.P. PATEL, AS
EXECUTOR/ADMINISTRATOR OF THE ESTATE OF VAJYABEN PATEL, DECEASED, RTM CONSTRUCTION, INC., WEDDING PLANNER CORP., NEW YORK STATE
DEPARTMENT OF TAXATION AND FINANCE, VIA HEALTH ROCHESTER GENERAL HOSPITAL, MRS. PATEL, DEFENDANTS. (APPEAL NO. 2.) INDUS PVR
LLC, PLAINTIFF-RESPONDENT, V MAA-SHARDA, INC., DEFENDANT-APPELLANT, ROSHAN HOSPITALITY, INC., HINABEN P. PATEL, ALSO KNOWN AS
H.P. PATEL, AS EXECUTOR/ADMINISTRATOR OF THE ESTATE OF VAJYABEN PATEL, DECEASED, RTM CONSTRUCTION, INC., WEDDING PLANNER
CORP., NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, VIA HEALTH ROCHESTER GENERAL HOSPITAL, MRS. PATEL, DEFENDANTS.
(APPEAL NO. 3.) |
Respondent having moved to dismiss the appeals taken herein from a judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Ontario on September 16, 2014, November 5, 2014, and December 26, 2014, on the ground that appellant failed to perfect timely the appeals, and
Appellant having cross-moved to vacate dismissal of appeal No. 1 and for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of John C. Nutter, Esq., dated June 26, 2015, the affirmation of Frank A. Aloi, Esq., dated June 30, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before September 8, 2015, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 8, 2015
Frances E. Cafarell, Clerk