| ONE FLINT ST., LLC AND DHD VENTRURES NEW YORK, LLC V EXXON MOBIL CORPORATION, EXXON MOBIL OIL CORPORATION GENESEE SCRAP |
| Motion No: CA 18-01361 |
| Slip Opinion No: 2018 NY Slip Op 83520(U) |
| Decided on September 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: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
DOCKET NO. CA 18-01361
| ONE FLINT ST., LLC AND DHD VENTRURES NEW YORK, LLC,
PLAINTIFFS-RESPONDENTS, V EXXON MOBIL CORPORATION, EXXON MOBIL OIL CORPORATION, DEFENDANTS-RESPONDENTS, GENESEE SCRAP &
TIN BALING CO., INC, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. LOUIS ATKIN AND 15 FLINT STREET, INC., THIRD-PARTY
PLAINTIFFS-APPELLANTS, V MARTIN T. MARKS, THIRD-PARTY DEFENDANT. |
Appellants Louis Atkin and 15 Flint Street, Inc. having moved for curative relief to remedy late service of the notice of appeal pursuant to CPLR 5520 (a), and 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 Monroe on February 13, 2018,
Now, upon reading and filing the affidavits of Greta K Kolcon, Esq., sowrn to July 30, 2018, and August 9, 2018, the notice of motion with proof of service thereof, and the affirmation of Laura A. Siclari, Esq,. dated August 8, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the notice of appeal is deemed to be timely filed and served (see CPLR 5520 [a]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: September 6, 2018
Mark W. Bennett, Clerk