Opinion
Motion No: NOS. CA 11-02576 CA 11-02577
01-24-2012
THIRTY ONE DEVELOPMENT, LLC, PLAINTIFF-APPELLANT v. JEFFREY COHEN, INDIVIDUALLY AND THE GILL HOUSE AND CHARTER HOUSE INN, LLC, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved to dismiss the appeal taken herein from a decision of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on March 9, 2011 (appeal No. 1 [Docket No. CA 11-02576]), on the ground that no appeal lies from a decision, and
Respondents having also moved to dismiss the appeal taken from an order of the Supreme Court, entered in the Office of the Clerk of the County of Jefferson on April 29, 2011 (appeal No. 2 [Docket No. CA 11-02577]) on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Laura L. Spring, Esq., sworn to December 22, 2011, and January 5, 2012, the notice of motion with proof of service thereof, and the affirmation of Jan S. Kublick, Esq., dated January 3, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal from the decision entered March 9, 2011 (appeal No. 1), is granted (see CPLR 5512 [a]); see also O'Fennell Corp. v O'Fennell's of Pine Hill, 188 AD2d 981, 982), and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal from the order entered April 29, 2011 (appeal No. 2) is granted and the appeal is dismissed without further order unless the appeal is perfected on or before March 26, 2012.
Frances E. Cafarell, Clerk