Alati v. Divin Builders, Inc.

Full title: ANTHONY JOSEPH ALATI, PLAINTIFF-RESPONDENT, v. DIVIN BUILDERS, INC., DINA…

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

Date published: Apr 27, 2015

2015 N.Y. Slip Op. 71661 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-00615

04-27-2015

ANTHONY JOSEPH ALATI, PLAINTIFF-RESPONDENT, v. DIVIN BUILDERS, INC., DINA FALBO, DEFENDANTS-APPELLANTS, MICHAEL FRIERI DOING BUSINESS AS VIPER SIDING, DEFENDANT- RESPONDENT, ET AL., DEFENDANTS.

SCUDDER, P.J.

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

Respondents having separately 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 Monroe on January 20, 2015, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of William P. Smith, Esq., Jr., dated April 1, 2015, the affirmation of Amanda B. Burns, Esq., dated April 9, 2015, the notices of motion with proof of service thereof, and the affirmations of Derrick A. Spatorico, Esq., dated April 13, 2015, 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 June 26, 2015.

Entered: April 27, 2015

Frances E. Cafarell, Clerk