| RICHARD DEMICK V EAST MANUFACTURING CORPORATION AND AMERICAN ROCK SALT COMPANY, LLC |
| Motion No: CA 09-00450 |
| Slip Opinion No: 2009 NY Slip Op 75477(U) |
| Decided on June 17, 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 09-00450
| RICHARD DEMICK, PLAINTIFF-APPELLANT, V EAST MANUFACTURING
CORPORATION AND AMERICAN ROCK SALT COMPANY, LLC, DEFENDANTS-RESPONDENTS. |
Respondent East Manufacturing Corporation 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 Cattaraugus on January 29, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Hedwig M. Auletta sworn to May 22, 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: June 17, 2009
Patricia L. Morgan, Clerk