Primax Props., LLC v. Monument Agency, Inc.

Full title: PRIMAX PROPERTIES, LLC, PLAINTIFF-RESPONDENT, v. MONUMENT AGENCY, INC.…

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

Date published: Dec 12, 2016

2016 N.Y. Slip Op. 94351 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-01844

12-12-2016

PRIMAX PROPERTIES, LLC, PLAINTIFF-RESPONDENT, v. MONUMENT AGENCY, INC., MARLENE KERNAN, WATERBURY SQUARE, INC. FORMERLY KNOWN AS 107 RIVER STREET, INC., DEFENDANTS-APPELLANTS, AND PETER C. EARLE, DEFENDANT-RESPONDENT.

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

PRESENT:

Plaintiff-respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 9, 2016, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Scott C. Paton, Esq., dated November 28, 2016, the notice of motion with proof of service thereof, and the affidavit of Leighton R. Burns, Esq., sworn to December 7, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed, with respect to plaintiff-respondent, without further order unless the appeal is perfected on or before February 10, 2017.

Entered: December 12, 2016

Frances E. Cafarell, Clerk