| JASON JOHNSON V PIXLEY DEVELOPMENT, CORP. CANDY APPLE CAFE, INC. |
| Motion No: CA 18-00474 |
| Slip Opinion No: 2018 NY Slip Op 69466(U) |
| Decided on April 6, 2018 |
| 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 18-00474
| JASON JOHNSON, PLAINTIFF-APPELLANT, V PIXLEY DEVELOPMENT,
CORP., DEFENDANT-APPELLANT, CANDY APPLE CAFE, INC., DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 8, 2017, on the ground that appellants failed to perfect timely their appeals,
Now, upon reading and filing the affirmation of Thomas P. Cunningham, Esq., dated March 15, 2018, the notice of motion with proof of service thereof, the affirmation of Brenna C. Gubala, Esq., dated March 28, 2018, and the affirmation of Jonathan M. Gorski, Esq., dated March 28, 2018, 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 June 5, 2018.
Entered: April 6, 2018
Mark W. Bennett, Clerk