PRIMAX PROPERTIES, LLC V MONUMENT AGENCY, INC., MARLENE KERNAN, WATERBURY SQUARE, INC. FORMERLY KNOWN AS 107 RIVER
Motion No: CA 16-01844
Slip Opinion No: 2016 NY Slip Op 90323(U)
Decided on October 31, 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.


October 31, 2016

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

DOCKET NO. CA 16-01844

PRIMAX PROPERTIES, LLC, PLAINTIFF-RESPONDENT,

V

MONUMENT AGENCY, INC., MARLENE KERNAN, WATERBURY

SQUARE, INC. FORMERLY KNOWN AS 107 RIVER STREET, INC.,

DEFENDANTS-APPELLANTS, AND PETER C. EARLE,

DEFENDANT-RESPONDENT.


Defendant-respondent having moved to expedite the appeal taken herein from an order and judgment of Supreme Court entered in the Office of the Clerk of the County of Oneida on August 9, 2016,

Now, upon reading and filing the affidavit of Woodruff Lee Carroll, Esq., sworn to October 13, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is further ORDERED that the motion insofar as it seeks to expedite the appeal is dismissed as premature (see 22 NYCRR 1000.10).

Entered: October 31, 2016

Frances E. Cafarell, Clerk