Opinion
DOCKET NO. CA 14-01247 DOCKET NO. CA 14-01395 DOCKET NO. CA 14-02149
01-23-2015
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.) 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. 3.)
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellants having moved to expedite the appeal taken herein from the order of Supreme Court entered in the Office of the Clerk of the County of Erie on November 13, 2014 (appeal No. 3), and having moved for an extension of time to perfect the appeals taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on April 7, 2014 (appeal No. 1), and from a judgment of Supreme Court entered in the Office of the Clerk of the County of Erie on May 1, 2014 (appeal No. 2), and for other relief, and
Respondent having cross-moved to dismiss the appeal taken from the order entered November 13, 2014, on the ground that the appeal is moot,
Now, upon reading and filing the affirmations of Arthur J. Giacalone, Esq., dated December 12, 2014, and December 19, 2014, and the affirmation of Brendan H. Little, Esq., dated December 17, 2014, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion is granted insofar as it seeks an extension of time to perfect appeal Nos. 1 and 2 to the extent that the first and second ordering paragraphs of the order of this Court entered November 5, 2014, are hereby amended by deleting the date February 3, 2015, and inserting in its place the date July 20, 2015, and appellant's motion is otherwise denied, and
It is further ORDERED that respondent's cross motion is denied.
Entered: January 23, 2015
Frances E. Cafarell, Clerk