Affinity Elmwood Gateway Props., LLC v. Ajc Props. LLC

Full title: AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC, PLAINTIFF-RESPONDENT, v. AJC…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Nov 5, 2014

2014 N.Y. Slip Op. 88917 (N.Y. App. Div. 2014)

Opinion

DOCKET NO. CA 14-01247 DOCKET NO. CA 14-01395

11-05-2014

AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC, PLAINTIFF-RESPONDENT, v. AJC PROPERTIES LLC, ET AL., DEFENDANTS, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS, ANGELINE C. GENOVESE, SANDRA GIRAGE, ANDREW B. LANE AND LORENZ M. WUSTNER, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC, PLAINTIFF-RESPONDENT, v. AJC PROPERTIES LLC, ET AL., DEFENDANTS, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS, ANGELINE C. GENOVESE, SANDRA GIRAGE, ANDREW B. LANE AND LORENZ M. WUSTNER, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

SCUDDER, P. J.

PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Appellants having moved, pursuant to 22 NYCRR 1000.13 (r), CPLR 5525 (b), and 22 NYCRR 1000.13 (h), for permission to excluded from the consolidated record the trial transcript and exhibits in appeal No. 2, for an extension of time to perfect the appeals taken herein from the order and the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 7, 2014, and May 1, 2014, for severance of the consolidated appeals, and for other relief,

Now, upon reading and filing the affirmation of Arthur J. Giacalone, Esq., dated October 10, 2014, the notice of motion with proof of service thereof, and the affirmation of Brendan H. Little, Esq., dated October 17, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, to the extent that second ordering paragraph of the order of this Court entered August 27, 2014, granting respondent's motion to dismiss that appeal for failure to perfect timely is amended by deleting the date October 27, 2014, and inserting in its place the date February 3, 2015, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted, to the extent that first ordering paragraph of the order of this Court entered August 27, 2014, granting respondent's motion to dismiss that appeal for failure to perfect timely is amended by deleting the date October 27, 2014, and inserting in its place the date February 3, 2015, and

It is further ORDERED that the motion is otherwise denied.

Entered: November 5, 2014

Frances E. Cafarell, Clerk