| JOSEPH A. RAIMONDI AND LISA M. RAIMONDI V JOSEPH C. FLASK, THE QUIKRETE COMPANIES, AND PENSKE TRUCK LEASING CO., L.P. |
| Motion No: CA 16-02203 |
| Slip Opinion No: 2016 NY Slip Op 95521(U) |
| Decided on December 27, 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 16-02203
| JOSEPH A. RAIMONDI AND LISA M. RAIMONDI,
PLAINTIFFS-RESPONDENTS, V JOSEPH C. FLASK, THE QUIKRETE COMPANIES, AND PENSKE TRUCK LEASING CO., L.P.,
DEFENDANTS-APPELLANTS. |
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 Erie on September 7, 2016, on the ground that appellants failed to perfect timely the appeal, and having moved for other relief,
Now, upon reading and filing the affidavit of Timothy G. O'Connell, Esq., sworn to December 1, 2016, the notice of motion with proof of service thereof, the statement of Alex M. Neurohr, dated December 14, 2016, and the amended affirmation of Alex M. Neurohr, Esq., dated December 20, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is dismissed as premature (see 22 NYCRR 1000.12 [a]), and
It is further ORDERED that the motion is otherwise denied.
Entered: December 27, 2016
Frances E. Cafarell, Clerk