| 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 94351(U) |
| Decided on December 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 16-01844
| 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. |
Plaintiff-respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 9, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Scott C. Paton, Esq., dated November 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Leighton R. Burns, Esq., sworn to December 7, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed, with respect to plaintiff-respondent, without further order unless the appeal is perfected on or before February 10, 2017.
Entered: December 12, 2016
Frances E. Cafarell, Clerk