| MARIO PIETRANTONI, NELLY PIETRANTONI, ANNA DISANTO, JOSE PAGAN, HOWARD PRIESTLY, RUTH PRIESTLY, ESTATE OF LOUIS |
| Motion No: CA 16-01651 |
| Slip Opinion No: 2016 NY Slip Op 88334(U) |
| Decided on October 3, 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 16-01651
| MARIO PIETRANTONI, NELLY PIETRANTONI, ANNA DISANTO, JOSE PAGAN,
HOWARD PRIESTLY, RUTH PRIESTLY, ESTATE OF LOUIS MONACELLI, DENNIS MONACELLI, ESTATE OF JESSIE M. JAMES, RAYMOND BURKE, KENT DAHAAN,
AND STEVEN KIMBALL, PLAINTIFFS-APPELLANTS, V EDUARDO GALAN, DEFENDANT, LANCE J. MARK, PLLC, LANCE J. MARK, ESQ.,
DEFENDANTS-RESPONDENTS. |
Respondents Lance J. Mark, PLLC and Lance J. Mark, Esq. 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 June 28, 2016, on the ground that appellants failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavits of Hedwig M. Auletta, Esq., sworn to September 16, 2016, and September 29, 2016, the affirmation of Carlos J. Cuevas, Esq., dated September 27, 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 respondents Lance J. Mark, PLLC and Lance J. Mark, Esq.'s motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 2, 2016, and
It is further ORDERED that the cross motion is dismissed.
Entered: October 3, 2016
Frances E. Cafarell, Clerk