Opinion
DOCKET NO. CA 15-00512
04-28-2015
DANIEL F. COHOLAN, INDIVIDUALLY AND IN THE NAME & RIGHT OF RADISSON PARTNERS, LLC AND SILVERWOOD AT RADISSON, LLC AND ON BEHALF OF ALL OTHER MEMBERS OF THE LLC'S LISTED SIMILARLY SITUATED, IF ANY, PLAINTIFF-APPELLANT, v. RADISSON PARTNERS, LLC, SILVERWOOD AT RADISSON, LLC, E. CARLYLE SMITH, ALAN B. FOSTER, MD, FOSTER FAMILY, LLC, JOHN DOE, A PERSON AND/OR ENTITY BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF, THE PERSON OR PARTY INTENDED BEING THE PERSON OR PARTY, IF ANY, HAVING OR CLAIMING AN INTEREST IN OR TO RADISSON PARTNERS, LLC AND/OR SILVERWOOD AT RADISSON, LLC OR POSSESSING SHARES OF EITHER ENTITY NOW OR IN THE FUTURE, DEFENDANTS-RESPONDENTS.
Respondents having moved to dismiss 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 16, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jason C. Halpin, Esq., dated April 16, 2015, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: April 28, 2015
Frances E. Cafarell, Clerk