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

DOCKET NO. CA 16-00977

MARIA S. DALMAU, PLAINTIFF-RESPONDENT, V VERTIS, INC., CATCH THE WIND LLC, LIGHT BULB LLC, ON THE RIVER LLC, 1230 UNIVERSITY AVENUE LLC, COMMERCIAL PROPERTY MAINTENANCE SERVICES, INC., DEFENDANTS-APPELLANTS, PRICE RITE, ALSO KNOWN AS SHOP RITE, ALSO KNOWN AS WAKEFERN FOOD CORPORATION, DEFENDANT-RESPONDENT.

Defendant-respondent having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 3, 2016, on the ground that appellants failed to perfect timely the appeals, and appellants Vertis, Inc., Catch the Wind LLC, Light Bulb LLC, On the River LLC, and 1230 University Avenue, LLC having cross-moved for an extension of time to perfect their appeal and for other relief,

Now, upon reading and filing the affirmations of Joel B. Schechter, Esq., dated June 7, 2016, the affidavit of Elise L. Cassar, Esq., sworn to June 13, 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 the motion insofar as it seeks to dismiss the appeal of Commercial Property Maintenance Services, Inc. is granted, and the appeal is dismissed without costs, and

It is further ORDERED that the motion insofar as it seeks to dismiss the appeal of Vertis, Inc., Catch the Wind LLC, Light Bulb LLC, On the River LLC, and 1230 University Avenue, LLC is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before August 22, 2016, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: June 21, 2016

Frances E. Cafarell, Clerk