Stephen F. Brummer v Town of Tonawanda

Motion No: 893

Slip Opinion No: 2008 NYSlipOp 86650

Decided on October 21, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Stephen F. Brummer, Plaintiff, v. Town of Tonawanda, et al., Defendants. ————————————————- Christopher A. Spence, P.C., Appellant; The Barnes Firm, P.C., & c., Respondent.

Motion for leave to appeal dismissed as untimely (see CPLR 5513[b]; Eaton v.

State of New York, 76 NY2d 824 [1990]).