EDWARD SHORTZ, AS ADMINISTRATOR OF THE ESTATE OF GARY E. SHORTZ V CITY OF CANANDAIGUA, CITY OF CANANDAIGUA WASTEWATER

EDWARD SHORTZ, AS ADMINISTRATOR OF THE ESTATE OF GARY E. SHORTZ V CITY OF CANANDAIGUA, CITY OF CANANDAIGUA WASTEWATER

Motion No: CA 09-00030

Slip Opinion No: 2009 NYSlipOp 62252(U)

Decided on January 27, 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.

January 27, 2009

DOCKET NO. CA 09-00030

EDWARD SHORTZ, AS ADMINISTRATOR OF THE ESTATE OF
GARY E. SHORTZ, PLAINTIFF-APPELLANT,
V
CITY OF CANANDAIGUA, CITY OF CANANDAIGUA WASTEWATER
TREATMENT PLANT, AND CITY OF CANANDAIGUA DEPARTMENT OF
PUBLIC WORKS, DEFENDANTS-RESPONDENTS.

Respondents having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on September 30, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Gary H. Abelson dated January 5, 2009, 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: January 27, 2009

JoAnn M. Wahl, Clerk