| AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC V AJC PROPERTIES LLC , EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS |
| Motion No: 812-15 |
| Slip Opinion No: 2015 NY Slip Op 86809(U) |
| Decided on October 2, 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: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
MOTION NO. 812-15
DOCKET NO. CA 14-02149
DOCKET NO. CA 14-01247
DOCKET NO. CA 14-01395
| AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC,
PLAINTIFF-RESPONDENT, V AJC PROPERTIES LLC, ET AL., DEFENDANTS, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS, ANGELINE
C. GENOVESE, SANDRA GIRAGE, ANDREW B. LANE AND LORENZ M. WUSTNER, DEFENDANTS-APPELLANTS. AFFINITY ELMWOOD GATEWAY PROPERTIES,
LLC, PLAINTIFF-RESPONDENT, V AJC PROPERTIES LLC, ET AL., DEFENDANTS, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN
GATHERS, ANGELINE C. GENOVESE, SANDRA GIRAGE, ANDREW B. LANE AND LORENZ M. WUSTNER, DEFENDANTS-APPELLANTS. (APPEAL NO.
1.) AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC, PLAINTIFF-RESPONDENT, V AJC PROPERTIES LLC, ET AL., DEFENDANTS,
EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS, ANGELINE C. GENOVESE, SANDRA GIRAGE, ANDREW B. LANE AND LORENZ M. WUSTNER,
DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Appellants Evelyn Bencinich, Susan M. Davis, Steven Gathers, Angeline C. Genovese, Sandra Girage and Lorenz M. Wustner having moved for reargument of the order of this Court entered June 19, 2015 (docket No. CA 14-02149), and having moved to sever the consolidated appeals taken herein from an order and a judgment taken of the Supreme Court entered in the Office of the Clerk on April 7, 2014 (docket No. CA 14-01247), and May 1, 2014 (docket No. CA 14-01395), and to extend the time to perfect said appeals,
Now, upon reading and filing the affirmation of Arthur J. Giacalone, Esq., dated July 17, 2015, the notice of motion with proof of service thereof, and the affirmation of Brendan H. Little, Esq., dated July 24, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargument of this Court's order entered June 19, 2015, is denied, and
It is further ORDERED that the motion insofar as it seeks severance of the appeals taken from the order and judgment entered April 7, 2014, and May 1, 2014, is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals taken from the order and judgment entered April 7, 2014, and May 1, 2014, is granted, and appellant shall perfect the appeals on or before December 2, 2015, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Memorandum: No further extensions of time to perfect the appeals will be granted.
Entered: October 2, 2015
Frances E. Cafarell, Clerk