Opinion
DOCKET NO. CA 14-00427
03-21-2014
INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND ON BEHALF OF ONE NIAGARA LLC, PLAINTIFF-APPELLANT, v. FRANK PARLATO, INDIVIDUALLY AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP., AS MANAGER AND/OR FORMER MANAGER OF ONE NIAGARA LLC, PAUL GRENGA, INDIVIDUALLY AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP. AND AS CLAIMED CURRENT MANAGER OF ONE NIAGARA LLC AND WHITESTAR DEVELOPMENT CORP., DEFENDANTS-RESPONDENTS. REGER GRENGA DEVELOPMENT, LLC, REGER INVESTMENT FUND, LLLP, RH NIAGARA BUILDING, LLC, REMAND, LLC AND TOURIST SERVICES, LLC, RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents Reger Grenga Development, LLC, Reger Investment Fund, LLLP, RH Niagara Building, LLC, Remand, LLC and Tourist Services, LLC 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 Niagara on December 6, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven R. Kropski, Esq., dated March 3, 2014, the notice of motion with proof of service thereof, and the affirmation of Harvey P. Sanders, Esq., dated March 13, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before May 20, 2014.
Frances E. Cafarell, Clerk