| JON ADAMS V SEAWAY ISLAND RESORT, INC. , DELTA FUNDING CORPORATION EAST COAST RESORTS OF AMERICA, INC., AND FLR LAND |
| Motion No: CA 19-00468 |
| Slip Opinion No: 2019 NY Slip Op 78808(U) |
| Decided on September 3, 2019 |
| 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.
CA 19-00468
| JON ADAMS, PLAINTIFF-APPELLANT, V SEAWAY ISLAND RESORT, INC., ET
AL., DEFENDANTS, DELTA FUNDING CORPORATION, DEFENDANT-RESPONDENT, EAST COAST RESORTS OF AMERICA, INC., AND FLR LAND HOLDINGS, LLC,
DEFENDANTS-APPELLANTS, TRAVEL RESORTS OF WELLESLEY ISLAND, LLC, APPELLANT. |
Appellants East Coast Resorts of America, Inc., FLR Land Holding, LLC and Travel Resorts of Wellesley Island, LLC having moved, pursuant to CPLR 5520 (c), for an order seeking to cure a defect on the notice of appeal dated March 7, 2016, by correcting the date on the notice of appeal, and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Jefferson County, entered January 23, 2019,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks an order correcting the date on the notice of appeal from March 7, 2016, to March 7, 2019, and the notice of appeal is hereby deemed to be valid pursuant to CPLR 5520 (c), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted, appellants East Coast Resorts of America, Inc., FLR Land Holding, LLC and Travel Resorts of Wellesley Island, LLC's time is extended to October 28, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: September 3, 2019
Mark W. Bennett
Clerk of the Court