Opinion
DOCKET NO. CA 16-01441
09-12-2016
MANUFACTURERS AND TRADERS TRUST COMPANY, PLAINTIFF-RESPONDENT, v. CLIENT SERVER DIRECT, INC., ET AL., DEFENDANTS. CLIENT SERVER DIRECT, INC., ACN PROPERTIES, LLC, JEFFREY T. DRILLING, AND HOLLY DRILLING, THIRD-PARTY PLAINTIFFS-APPELLANTS, v. M & T BANK CORPORATION, MICHAEL (MICK) WHIPPLE, ALFRED LUHR, III, MARK MARTIN, THIRD-PARTY DEFENDANTS-RESPONDENTS.
PRESENT:
Respondents Manufacturers and Trader Trust Company, M & T Bank Corporation, Alfred Luhr, III, and Mark Martin 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 Erie on June 27, 2016,
Now, upon reading and filing the affirmation of Ryan K. Cummings, Esq., dated August 19, 2016, the notice of motion with proof of service thereof, and the affirmation of Suzan Arden, Esq., dated August 24, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks to dismiss the appeal for failure to serve timely the appeal on the ground that respondents never served on appellants, with proper notice of entry, a complete copy of the order entered June 27, 2016, inasmuch as the order appealed explicitly incorporated the transcript as part of the order and attached it as an exhibit (see Alesi v City of New York, 6 AD2d 779; cf. Corteguera v City of New York, 179 AD2d 362; see generally Matter of Reynolds v Dustman, 1 NY3d 559, 560).
Entered: September 12, 2016
Frances E. Cafarell, Clerk