| MARY SICOLI, AS EXECUTRIX OF THE ESTATE OF BENJAMIN M. SICOLI, AND ANGELO MASSARO, AS TRUSTEE OF THE TESTAMENTARY TRUST |
| Motion No: CA 17-01171 |
| Slip Opinion No: 2017 NY Slip Op 79487(U) |
| Decided on July 6, 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 17-01171
| MARY SICOLI, AS EXECUTRIX OF THE ESTATE OF BENJAMIN M. SICOLI, AND
ANGELO MASSARO, AS TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL OF BENJAMIN M. SICOLI, IN THEIR REPRESENTATIVE CAPACITY, AND
DERIVATIVELY IN THE RIGHT OF AND FOR THE BENEFIT OF HISTORICAL SQUARE JOINT VENTURE, LLC AND RIDGEVIEW AT LEWISTON, LLC,
PLAINTIFFS-APPELLANTS, V SICOLI & MASSARO, INC., FRANK M. MASSARO, FRANK M. MASSARO REVOCABLE LIVING TRUST, DOMINICK P.
MASSARO, INDIVIDUALLY, AS PURPORTED MANAGER OF RIDGEVIEW AT LEWISTON, LLC, AS PURPORTED MANAGER OF HISTORICAL SQUARE JOINT
VENTURE, LLC, AS TRUSTEE OF THE FRANK M. MASSARO REVOCABLE LIVING TRUST, AND AS PRESIDENT OF SICOLI & MASSARO, INC., LISA
KEATING, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF DOMINICK C. MASSARO, AND ESTATE OF DOMINICK C. MASSARO,
DEFENDANTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 3, 2016,
Now, upon reading and filing the affidavit of J. Michael Lennon, Esq., sworn to June 21, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeal on or before October 4, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: July 6, 2017
Frances E. Cafarell, Clerk