| SHMUEL SHMUELI V NIAGARA FALLS CENTER FOR TOURISM LLC , ONE NIAGARA LLC, PAUL A. GRENGA, AND WHITESTAR DEVELOPMENT |
| Motion No: CA 16-01720 |
| Slip Opinion No: 2016 NY Slip Op 88932(U) |
| Decided on October 18, 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 16-01720
| SHMUEL SHMUELI, PLAINTIFF-APPELLANT, V NIAGARA FALLS CENTER
FOR TOURISM LLC, ET AL., DEFENDANTS, ONE NIAGARA LLC, PAUL A. GRENGA, AND WHITESTAR DEVELOPMENT CORP.,
DEFENDANTS-RESPONDENTS. INCREDIBLE INVESTMENTS LIMITED, PLAINTIFF, AND SHUMEL SHMUELI, PLAINTIFF-APPELLANT, V ONE
NIAGARA LLC, PAUL A. GRENGA, AND WHITESTAR DEVELOPMENT CORP., DEFENDANTS-RESPONDENTS. |
Respondents 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 Niagara on May 17, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank J. Jacobson, Esq., sworn to September 26, 2016, the notice of motion with proof of service thereof, and the affirmation of Elie Brandon Gold, Esq., dated October 14, 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 December 19, 2016.
Entered: October 18, 2016
Frances E. Cafarell, Clerk