| CHRISTINA WESTON V NICHOLAS DELUCA II, - . |
| Motion No: CA 08-02252 |
| Slip Opinion No: 2008 NYSlipOp 91624(U) |
| Decided on December 3, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-02252
| CHRISTINA WESTON, PLAINTIFF-RESPONDENT, V NICHOLAS DELUCA II,
DEFENDANT-APPELLANT, ET AL., DEFENDANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 15, 2008, on the ground that the notice of appeal is untimely,
Now, upon reading and filing the affirmation of Peter M. Kooshoian dated October 16, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Arthur J. Smith dated October 31, 2008, the reply affirmation of Peter J. Kooshoian dated October 31, 2008, the surreply affirmation of Arthur J. Smith dated November 3, 2008, the surreply affirmation of Peter M. Kooshoian dated November 11, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs (see Norstar Bank of Upstate N.Y. v Office Control Sys., 78 NY2d 1110 [1991]; cf. Matter of Reynolds v Dustman, 1 NY 3d 559, 561 [2003[).
Entered: December 3, 2008
JoAnn M. Wahl, Clerk