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Brown & Brown, Inc. v. Johnson

Appellate Division of the Supreme Court of the State of New York
Jan 23, 2017
2017 N.Y. Slip Op. 62027 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-00082

01-23-2017

BROWN & BROWN, INC. AND BROWN & BROWN OF NEW YORK, INC., PLAINTIFFS-APPELLANTS-RESPONDENTS, v. THERESA A. JOHNSON AND LAWLEY BENEFITS GROUP, LLC, DEFENDANTS-RESPONDENTS-APPELLANTS.


PRESENT:

Defendants having moved to dismiss plaintiffs' appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2016, on the ground that plaintiffs failed to perfect timely the appeal, or, in the alternative, to consolidate plaintiffs' appeal and defendants' cross appeal,

Now, upon reading and filing the affidavit of Preston L. Zarlock, Esq., sworn to January 9, 2017, the notice of motion with proof of service thereof, and the affidavit of David S. Warner, Esq., sworn to January 12, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to dismiss plaintiffs' appeal for failure to perfect timely the appeal is granted, and plaintiffs' appeal is dismissed without further order unless the appeal is perfected on or before March 24, 2017, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeal and cross appeal is granted.

Entered: January 23, 2017

Frances E. Cafarell, Clerk


Summaries of

Brown & Brown, Inc. v. Johnson

Appellate Division of the Supreme Court of the State of New York
Jan 23, 2017
2017 N.Y. Slip Op. 62027 (N.Y. App. Div. 2017)
Case details for

Brown & Brown, Inc. v. Johnson

Case Details

Full title:BROWN & BROWN, INC. AND BROWN & BROWN OF NEW YORK, INC.…

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

Date published: Jan 23, 2017

Citations

2017 N.Y. Slip Op. 62027 (N.Y. App. Div. 2017)