| BARBARA TULLY ALSO KNOWN AS BARBARA BIELLI V TRANSITOWN SOUTH ASSOCIATES, LLC, TRANSITOWN PLAZA ASSOCIATES, LLC, GIAN |
| Motion No: CA 16-00010 |
| Slip Opinion No: 2016 NY Slip Op 62691(U) |
| Decided on January 26, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00010
| BARBARA TULLY ALSO KNOWN AS BARBARA BIELLI, PLAINTIFF, V
TRANSITOWN SOUTH ASSOCIATES, LLC, TRANSITOWN PLAZA ASSOCIATES, LLC, GIAN PROPERTIES, LLC, GIAN PROPERTIES PARTNERSHIP,
DEFENDANTS. TRANSITOWN SOUTH ASSOCIATES, LLC, TRANSITOWN PLAZA ASSOCIATES, LLC, GIAN PROPERTIES, LLC, GIAN PROPERTIES
PARTNERSHIP, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V TIGER STIPE, LLC, THIRD-PARTY
DEFENDANT-APPELLANT. |
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 Erie on October 8, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Carlton K. Brownell, III, Esq., dated December 29, 2015, the notice of motion with proof of service thereof, and the affirmation of Richard T. Saraf, Esq., dated January 20, 2016, 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 March 14, 2016.
Entered: January 26, 2016
Frances E. Cafarell, Clerk