| AIMEE L. O'NEIL V COUNTY OF OSWEGO, AND THE CITY OF FULTON |
| Motion No: CA 08-02458 |
| Slip Opinion No: 2009 NYSlipOp 60811(U) |
| Decided on January 14, 2009 |
| 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 08-02458
| AIMEE L. O'NEIL, PLAINTIFF-APPELLANT, V COUNTY OF OSWEGO, AND
THE CITY OF FULTON, DEFENDANTS-RESPONDENTS. |
Respondent City of Fulton 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 Monroe on August 6, 2008, on the ground that the appeal is untimely,
Now, upon reading and filing the affidavit of Michelle M. Westerman sworn to November 25, 2008, the notice of motion with proof of service thereof, the affidavit of Richard C. Mitchell sworn to December 4, 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.
Entered: January 14, 2009
JoAnn M. Wahl, Clerk