| ANNIE GREER, ON BEHALF OF HERSELF AND ALL OTHER EMPLOYEES SIMILARLY SITUATED V SUMMIT HOSPITALITY, INC. DOING BUSINESS |
| Motion No: CA 18-01014 |
| Slip Opinion No: 2018 NY Slip Op 75766(U) |
| Decided on June 18, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-01014
| ANNIE GREER, ON BEHALF OF HERSELF AND ALL OTHER EMPLOYEES
SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, V SUMMIT HOSPITALITY, INC. DOING BUSINESS AS ROCHESTER PLAZA HOTEL,
DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken herein from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 12, 2018, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved to withdraw the appeal, or, in the alternative for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Sarah E. Cressman, Esq., sworn to June 6, 2018, the affirmation of Robert L. Brenna, Jr., Esq., dated June 14, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's cross motion is granted, and the appeal taken from the order entered January 12, 2018, is deemed withdrawn without prejudice, and the remainder of the motion and cross motion are dismissed as moot.
Entered: June 18, 2018
Mark W. Bennett, Clerk