Maximum Income Partners, Inc. v. Webber

Full title: MAXIMUM INCOME PARTNERS, INC., PLAINTIFF-APPELLANT, v. CARL E. WEBBER…

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

Date published: May 9, 2017

2017 N.Y. Slip Op. 73485 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-00798 DOCKET NO. CA 17-00822

05-09-2017

MAXIMUM INCOME PARTNERS, INC., PLAINTIFF-APPELLANT, v. CARL E. WEBBER, WEBBER ENTERPRISES, INC., DEFENDANTS, MARIO CURCIO, AND NICOLE CURCIO, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) MAXIMUM INCOME PARTNERS, INC., PLAINTIFF-APPELLANT, v. CARL E. WEBBER, WEBBER ENTERPRISES, INC., DEFENDANTS, MARIO CURCIO, AND NICOLE CURCIO, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Respondents having 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 October 3, 2016 (appeal No. 1), on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved to consolidate appeal No. 1 with an appeal taken herein from an order and judgment entered in the same court on August 1, 2016 (appeal No. 2), and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Derrick A. Spatorico, Esq., dated April 19, 2017, the affirmation of Sammy Feldman, Esq., dated May 1, 2017, 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 respondents' motion is granted, and appeal No. 1 is dismissed without further order, unless the appeal is perfected on or before July 10, 2017, and

It is further ORDERED that appellant's cross motion insofar as it seeks to consolidate the appeals is granted, and appeal Nos. 1 and 2 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that appellant's cross motion insofar as it seeks an extension of time to perfect appeal No. 1 is dismissed as unnecessary, and

It is further ORDERED that appellant's cross motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted, and appellant shall perfect the appeal on or before July 10, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: May 9, 2017

Frances E. Cafarell, Clerk