| CEDRIC JOHNSON V WILMORITE, INC., CARROLS CORPORATION, CARROLS LLC BK DOING BUSINESS AS BURGER KING #452, CARROLS |
| Motion No: CA 16-00371 |
| Slip Opinion No: 2016 NY Slip Op 68173(U) |
| Decided on March 22, 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 16-00371
| CEDRIC JOHNSON, PLAINTIFF-APPELLANT, V WILMORITE, INC., CARROLS
CORPORATION, CARROLS LLC BK DOING BUSINESS AS BURGER KING #452, CARROLS RESTAURANT GROUP, INC., DEFENDANTS, CARROLS LLC,
DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
Respondent Carrols LLC 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 Monroe on November 20, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Kristin L. Norfleet, Esq., sworn to February 29, 2016, March 7, 2016, and March 15, 2016, the notice of motion with proof of service thereof, and the affidavit of Matthew J. Kaiser, Esq., sworn to March 8, 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 May 23, 2016.
Entered: March 22, 2016
Frances E. Cafarell, Clerk