| BROWN & BROWN, INC. AND BROWN & BROWN OF NEW YORK, INC., V THERESA A. JOHNSON AND LAWLEY BENEFITS GROUP, LLC, . |
| Motion No: CA 17-00082 |
| Slip Opinion No: 2017 NY Slip Op 62027(U) |
| Decided on January 23, 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 17-00082
| BROWN & BROWN, INC. AND BROWN & BROWN OF NEW YORK, INC.,
PLAINTIFFS-APPELLANTS-RESPONDENTS, V THERESA A. JOHNSON AND LAWLEY BENEFITS GROUP, LLC,
DEFENDANTS-RESPONDENTS-APPELLANTS. |
Defendants having moved to dismiss plaintiffs' appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2016, on the ground that plaintiffs failed to perfect timely the appeal, or, in the alternative, to consolidate plaintiffs' appeal and defendants' cross appeal,
Now, upon reading and filing the affidavit of Preston L. Zarlock, Esq., sworn to January 9, 2017, the notice of motion with proof of service thereof, and the affidavit of David S. Warner, Esq., sworn to January 12, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss plaintiffs' appeal for failure to perfect timely the appeal is granted, and plaintiffs' appeal is dismissed without further order unless the appeal is perfected on or before March 24, 2017, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeal and cross appeal is granted.
Entered: January 23, 2017
Frances E. Cafarell, Clerk