PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 18-01750
SUBSIDIARIES, TDK-2 OPERATING COMPNAY, LLC, AND ANY OF ITS
WHOLLY-OWNED SUBSIDIARIES, TDK-3 OPERATING COMPANY, LLC,
AND ANY OF ITS WHOLLY-OWNED SUSIDIARIES, TDK-4 OPERATING
TDK-2 OPERATING COMPANY, LLC, TDK-3 OPERATING COMPANY, LLC,
TDK-4 OPERATING COMPANY, LLC, TDK OPERATING COMPANY OF

LUPCO MANGOVSKI, INDIVIDUALLY AND IN THE NAME & RIGHT OF TDK OPERATING COMPNAY, LLC, AND ANY OF ITS WHOLLY-OWNED COMPNAY, LLC, AND ANY OF ITS WHOLLY-OWNED SUSIDIARIES, AND ON BEHALF OF ALL OTHER MEMBERS OF THESE LLC'S LISTED SIMILARLY SITUATED, IF ANY, PLAINTIFFS-RESPONDENTS, V STEPHEN DIMARCO, INDIVIDUALLY AND AS TRUSTEE FOR THE DAVID DIMARCO FAMILY TRUST, TDK OPERATING COMPANY, LLC, ONEIDA, LLC, TDK PROPERTY COMPANY OF ONEIDA, LLC, TDK PROPERTY COMPANY LLC, A PERSON OR ENTITY UNKNOWN TO PLAINTIFFS, THE PERSON OR PARTY INTENDED BEING THE PERSON OR PARTY HAVING OR CLAIMING TO HAVE AN INTEREST IN ANY OF THESE ENTITIES, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 18, 2017,

Now, upon reading and filing the affidavit of Elizabeth A. Hoffman, Esq., sworn to September 19, 2018, 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, on the condition that appellant perfects the appeal on or before November 30, 2018.

Entered: October 2, 2018

Mark W. Bennett, Clerk