| NIAGARA FRONTIER TRANSPORTATION AUTHORITY V CITY OF BUFFALO SEWER AUTHORITY, FREEWAY CONTRACTING CO., INC., AND O'BRIEN |
| Motion No: CA 09-00103 |
| Slip Opinion No: 2009 NYSlipOp 62851(U) |
| Decided on February 2, 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. |
DOCKET NO. CA 09-00103
| NIAGARA FRONTIER TRANSPORTATION AUTHORITY,
PLAINTIFF-APPELLANT, V CITY OF BUFFALO SEWER AUTHORITY, FREEWAY CONTRACTING CO., INC., AND O'BRIEN & GERE ENGINEERS, INC.,
DEFENDANTS-RESPONDENTS. |
Respondent O'Brien & Gere Engineering, Inc. 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 August 28, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Brian Sutter sworn to January 19, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Edward C. Cosgrove sworn to January 29, 2009.
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 27, 2009.
Entered: February 2, 2009
JoAnn M. Wahl, Clerk