| ANNA BARRETT V WALTER GRENDA, TIMOTHY DEMBSKI, RELIANCE FINANCIAL ADVISORS, LLC, WALL STREET FINANCIAL ADVISORS, LLC TD |
| Motion No: CA 15-01530 |
| Slip Opinion No: 2016 NY Slip Op 74021(U) |
| Decided on May 17, 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 15-01530
| ANNA BARRETT, PLAINTIFF-RESPONDENT, V WALTER GRENDA, TIMOTHY
DEMBSKI, RELIANCE FINANCIAL ADVISORS, LLC, WALL STREET FINANCIAL ADVISORS, LLC, DEFENDANTS, TD AMERITRADE HOLDING CORPORATION, TD
AMERITRADE, INC., TD AMERITRADE INSTITUTIONAL AND TD AMERITRADE CLEARING, INC.,
DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 8, 2015, and respondent having cross-moved to dismiss the appeal on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of John D. Stewart, Esq., dated April 5, 2016, and May 12, 2016, the affirmations of Joanne A. Schultz, Esq., dated April 15, 2016, and received May 11, 2016, 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 appellants' motion is granted, and appellants shall perfect the appeal on or before June 2, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondent's cross motion is denied.
Entered: May 17, 2016
Frances E. Cafarell, Clerk