| PAUL A. SMITH V COUNTY OF ERIE, TOWN OF AMHERST, - . |
| Motion No: CA 08-01978 |
| Slip Opinion No: 2008 NYSlipOp 85861(U) |
| Decided on October 7, 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 08-01978
| PAUL A. SMITH, PLAINTIFF-APPELLANT, V COUNTY OF ERIE, TOWN OF
AMHERST, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. |
Respondent Town of Amherst 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 March 17, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Sean D. Schoenborn dated September 19, 2008, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: October 7, 2008
JoAnn M. Wahl, Clerk