| DAVID KAPLAN AND LUELLA KAPLAN V MENLO REALTY INCOME PROPERTIES 28,LLC, NOW KNOWN AS REALTY INCOME PROPERTIES 28, LLC |
| Motion No: CA 22-00391 and CA 22-00765 |
| Slip Opinion No: 2022 NY Slip Op 76497(U) |
| Decided on December 19, 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, PERADOTTO, LINDLEY, AND NEMOYER, JJ.
CA 22-00391 and CA 22-00765
| DAVID KAPLAN AND LUELLA KAPLAN,
PLAINTIFFS-APPELLANTS, V MENLO REALTY INCOME PROPERTIES 28,LLC, NOW KNOWN AS REALTY INCOME PROPERTIES 28, LLC, REALTY
INCOME CORPORATION, DEFENDANTS-APPELLANTS, ALLIED BUILDERS, INC., BRUCE RONAYNE HAMILTON ARCHITECTS, INC.,
DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. DAVID KAPLAN AND LUELLA KAPLAN, PLAINTIFFS-APPELLANTS, V MENLO REALTY INCOME
PROPERTIES 28, NOW KNOWN AS REALTY INCOME PROPERTIES 28, LLC, REALTY INCOME CORPORATION, DEFENDANTS-APPELLANTS, 9187 GROUP, LLC, 10 ELLICOTT
SQUARE COURT CORPORATION, DEFENDANTS-RESPONDENTS, ET AL, DEFENDANTS. |
Plaintiffs-appellants and defendants-appellants having moved to vacate the dismissal of the appeals taken herein from orders of the Supreme Court, Monroe County, entered December 7, 2021 and April 26, 2022,
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 motions are granted on the condition that the appeals are perfected on or before February 17, 2023.
Entered: December 19, 2022
Ann Dillon Flynn
Clerk of the Court