| MATTHEW HENDERSON AND NICOLE HENDERSON V DONALD HARRIS AND ROSEMARIE HARRIS CLOVER POOL SUPPLY COMPANY, INC., PINNACLE |
| Motion No: CA 16-02278 |
| Slip Opinion No: 2017 NY Slip Op 60187(U) |
| Decided on January 4, 2017 |
| 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-02278
| MATTHEW HENDERSON AND NICOLE HENDERSON,
PLAINTIFFS-APPELLANTS, V DONALD HARRIS AND ROSEMARIE HARRIS, DEFENDANTS, CLOVER POOL SUPPLY COMPANY, INC., PINNACLE HOLDINGS
& INVESTMENTS, INC., FORMERLY KNOWN AS RECREATIONAL PRODUCTS, INC., AMERICAN HERITAGE BILLIARDS, LLC, FORMERLY KNOWN AS
RECREATIONAL PRODUCTS, LLC, KENNETH BEDETTE, HORIZON PLASTICS INTERNATIONAL INC., AND HORIZON PLASTICS COMPANY LTD.,
DEFENDANTS-RESPONDENTS. |
Respondents Horizon Plastics International Inc. and Horizon Plastics Company Ltd. 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 Monroe on August 26, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Kevin E. Hulslander, Esq., sworn to December 15, 2016, the notice of motion with proof of service thereof, and the affirmation of Paul L. Leclair, Esq., dated December 29, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that respondents Horizon Plastics International Inc. and Horizon Plastics Company Ltd.'s motion is granted, and the appeal is dismissed as to Horizon Plastics International Inc. and Horizon Plastics Company Ltd. without further order unless the appeal is perfected on or before March 6, 2017.
Entered: January 4, 2017
Frances E. Cafarell, Clerk