Opinion
DOCKET NO. CA 18-01322
10-04-2018
WILLIAM HOWARD, SUING IN THE RIGHT OF ARCHER RD. VISTA, LLC AND INDIVIDUALLY, AND WESTSIDE DEVELOPMENT OF ROCHESTER, INC., PLAINTIFFS-RESPONDENTS, v. GARY L. POOLER, DEFENDANT-APPELLANT, ARCHER RD. VISTA LLC, AND GARY L. POOLER AS MANAGER OF ARCHER RD. VISTA LLC, INTERVENORS-APPELLANTS.
PRESENT:
Respondents having moved to dismiss the appeals taken herein from judgments and orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 9, 2016, March 29, 2017, May 4, 2017, and June 1, 2018, on the ground that appellants failed to perfect timely the appeals,
Now, upon reading and filing the affirmations of Joseph S. Nacca, Esq., dated September 4, 2018, the notices of motion with proof of service thereof, the affirmation of Vivek J. Thiagarajan, Esq., dated September 17, 2018, and the affirmation of David M. Tang, Esq., dated September 17, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are dismissed on the ground that the Practice Rules of the Appellate Division (22 NYCRR Part 1250) do not authorize such a motion.
Entered: October 4, 2018
Mark W. Bennett, Clerk