| WILL FOODS, LLC V WILL POULTRY CO., INC., DONALD E. WILL, - . |
| Motion No: CA 16-01704 |
| Slip Opinion No: 2016 NY Slip Op 88395(U) |
| Decided on October 12, 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 16-01704
DOCKET NO. CA 16-01705
| WILL FOODS, LLC, PLAINTIFF-RESPONDENT, V WILL POULTRY CO., INC.,
DONALD E. WILL, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. DONALD E. WILL, PLAINTIFF, V WILL FOODS, LLC,
DEFENDANT. WILL FOODS, LLC, PLAINTIFF-RESPONDENT, V WILL POULTRY CO., INC., DONALD E. WILL, DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANTS.
————————————&———————————- DONALD E. WILL, PLAINTIFF, V WILL
FOODS, LLC, DEFENDANT. |
Respondent having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 1, 2016 (docket No. CA 16-01704), and July 6, 2016 (docket No. CA 16-01705), on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of Brendan H. Little, Esq., dated September 26, 2016, the notice of motion with proof of service thereof, and the affidavit of Jay A. Pohlman, Esq., sworn to October 4, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before October 25, 2016.
Entered: October 12, 2016
Frances E. Cafarell, Clerk