| PATRICK L. DALEY V COUNTY OF ERIE |
| Motion No: CA 08-00606 |
| Slip Opinion No: 2008 NYSlipOp 67648(U) |
| Decided on March 24, 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. |
DOCKET NO. CA 08-00606
| PATRICK L. DALEY, PLAINTIFF-RESPONDENT, V COUNTY OF ERIE,
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 December 19, 2007, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Christen Archer Pierrot dated
March 12, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Kristin Klein Wheaton sworn to March 20, 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
May 23, 2008.
Entered: March 24, 2008
JoAnn M. Wahl, Clerk