| MICHAEL CARPENTIERI V TOPS MARKETS, LLC, . |
| Motion No: CA 22-00124 |
| Slip Opinion No: 2022 NY Slip Op 71746(U) |
| Decided on September 12, 2022 |
| 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 LINDLEY, JJ.
CA 22-00124
| MICHAEL CARPENTIERI, PLAINTIFF-RESPONDENT, V TOPS
MARKETS, LLC, DEFENDANTS-APPELLANTS-RESPONDENTS. 1483 SOUTH PARK AVENUE CO., INC.
THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT, V INDUSTRIAL POWER & LIGHTING CORP.,
THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT.
Index No: 812059/2015
|
Appellant 1483 South Park Avenue Co., Inc. having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered December 28, 2021, and for an extension of time to perfect,
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 insofar as it seeks to vacate the dismissal of the appeal by 1483 South Park Avenue Co., Inc., is granted and the brief filed and served on behalf of appellant Tops Markets, LLC is accepted as to the appeal by 1483 South Park Avenue Co., Inc., and
It is further ORDERED that the motion insofar as it seeks an extension of time for 1483 South Park Avenue Co., Inc. to perfect the appeal is dismissed as unnecessary.
Entered: September 12, 2022
Ann Dillon Flynn
Clerk of the Court