Opinion
2021-74523 Motion CA 21-00257
10-21-2021
ERIC SEAN ALSTON, PLAINTIFF-APPELLANT, v. DIVINE BROTHERS COMPANY, DEFENDANT, PCC AIRFOILS, LLC, AND NHVS INTERNATIONAL, INC., DEFENDANTS-RESPONDENTS.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Oneida County, entered February 10, 2021, on the grounds that the appeal was not timely or properly perfected, and that the appeal seeks an improper advisory opinion, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the appeal on the grounds that the appeal was not timely or properly perfected (see 22 NYCRR 1250.9 [a]; 22 NYCRR 1250.7[g][1]; 22 NYCRR 1000.7 [b]).
It is further ORDERED that the motion is denied without prejudice and leave to renew at oral argument any contentions in support of or, in opposition to the motion insofar as it seeks dismissal on the ground that the appeal seeks an improper advisory opinion.