| PAUL MARACLE V AUTOPLACE INFINITY, INC., DANIEL A. FABRIZIO REVOCABLE TRUST, SCHREIBER & SCHREIBER PROPERTY HOLDINGS |
| Motion No: CA 17-01232 |
| Slip Opinion No: 2017 NY Slip Op 80378(U) |
| Decided on July 17, 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 17-01232
| PAUL MARACLE, PLAINTIFF-APPELLANT, V AUTOPLACE INFINITY, INC.,
DANIEL A. FABRIZIO REVOCABLE TRUST, SCHREIBER & SCHREIBER PROPERTY HOLDINGS, LLC, NORTHTOWN VOLVO OF BUFFALO, NORTHTOWN PORSCHE,
LANDROVER BUFFALO, BHWL REAL LLC, AND WEST HERR TOYOTA SCION OF WILLIAMSVILLE,
DEFENDANTS-RESPONDENTS. |
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 Niagara on February 23, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James J. Navagh, Esq., dated June 29, 2017, the affidavit of Adam C. Ferrandino, Esq., sworn to June 30, 2017, the affirmation of Joshua P. Rubin, Esq., dated June 30, 2017, the notice of motion with proof of service thereof, and the affirmation of John Feroleto, Esq., dated July 5, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before September 15, 2017.
Entered: July 17, 2017
Frances E. Cafarell, Clerk