Opinion
Motion No: CA 14-01789
11-03-2014
INCREDIBLE INVESTMENTS LIMITED, ON ITS OWN BEHALF AND ON BEHALF OF ONE NIAGARA LLC, PLAINTIFF-APPELLANT, v. FRANK PARLATO, INDIVIDUALLY AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP. /AS MANAGER AND/OR FORMER MANAGER OF ONE NIAGARA LLC, PAUL GRENGA, INDIVIDUALLY AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP. AND AS CLAIMED CURRENT MANAGER OF ONE NIAGARA LLC, AND WHITESTAR DEVELOPMENT CORP., DEFENDANTS-RESPONDENTS. SHMUEL SHMUELI, APPELLANT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on May 13, 2014, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affidavits of Frank J. Jacobson, Esq., sworn to October 2, 2014, and October 3, 2014, the notices of motion with proof of service thereof, and the affirmations of Harvey P. Sanders, Esq., dated October 9, 2014, and October 13, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeals are dismissed without further order unless the appeals are perfected on or before January 2, 2015.
Entered: November 3, 2014
Frances E. Cafarell, Clerk