PINNACLE INVESTMENTS, LLC V ESPSCO SYRACUSE, LLC, PATRICK DESSEIN, BRETT B. GREENKY, M.D., RICHARD ESPOSITO AND JOHN
Motion No: CA 15-01489
Slip Opinion No: 2015 NY Slip Op 85509(U)
Decided on September 22, 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.


September 22, 2015

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

DOCKET NO. CA 15-01489

PINNACLE INVESTMENTS, LLC, PLAINTIFF-APPELLANT,

V

ESPSCO SYRACUSE, LLC, PATRICK DESSEIN, BRETT B. GREENKY,

M.D., RICHARD ESPOSITO AND JOHN SACCO, M.D.,

DEFENDANTS-RESPONDENTS.


Respondents Brett B. Greenky, M.D. and Richard Esposito 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 May 21, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Janet D. Callahan, Esq., dated September 3, 2015, the notice of motion with proof of service thereof, and the affirmation of Jay Shapiro, Esq., dated September 17, 2015, 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 November 23, 2015.

Entered: September 22, 2015

Frances E. Cafarell, Clerk