| 40 STATE LLC V SUZANNE KARR, BARIE FOX, AND KATHERINE TARBOX SUZANNE KARR, - V ROBERT MICHAELS, -. 40 STATE LLC V |
| Motion No: CA 17-01001 |
| Slip Opinion No: 2017 NY Slip Op 77212(U) |
| Decided on June 12, 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01001
DOCKET NO. CA 17-01003
| 40 STATE LLC, PLAINTIFF-RESPONDENT, V SUZANNE KARR, BARIE FOX,
AND KATHERINE TARBOX, DEFENDANTS-APPELLANTS. SUZANNE KARR, THIRD-PARTY PLAINTIFF-APPELLANT, V ROBERT MICHAELS,
THIRD-PARTY DEFENDANT-RESPONDENT. 40 STATE LLC, PLAINTIFF-RESPONDENT, V SUZANNE KARR, BARIE FOX, AND KATHERINE TARBOX,
DEFENDANTS-APPELLANTS. |
Respondent 40 State LLC having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 5, 2016 (docket No. CA 17-01001), and February 3, 2017 (docket No. CA 17-01003), on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affidavits of Robert D. Hooks, Esq., sworn to May 22, 2017, and May 26, 2017, the notice of motion with proof of service thereof, the affirmation of Sammy Feldman, Esq., dated June 2, 2017, and the affirmation of Derrick A. Spatorico, Esq., dated May 31, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before August 1, 2017.
Entered: June 12, 2017
Frances E. Cafarell, Clerk