LEOLA PERKINS V CITY OF BUFFALO
Motion No: CA 08-00050
Slip Opinion No: 2008 NYSlipOp 62433(U)
Decided on January 28, 2008
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


January 28, 2008

DOCKET NO. CA 08-00050

LEOLA PERKINS, PLAINTIFF-RESPONDENT,

V

CITY OF BUFFALO, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 21, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Edward L. Smith, III dated

January 7, 2008, the notice of motion with proof of service thereof, the opposing affidavit of John J. Cotter, Jr. sworn to January 17, 2008,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before

March 28, 2008.

Entered: January 28, 2008

JoAnn M. Wahl, Clerk