| LARRY BRADY V COUNTY OF ERIE AND DIAMOND D. CONSTRUCTION |
| Motion No: CA 09-01414 |
| Slip Opinion No: 2009 NY Slip Op 78808(U) |
| Decided on July 20, 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 09-01414
| LARRY BRADY, PLAINTIFF-APPELLANT, V COUNTY OF ERIE AND
DIAMOND D. CONSTRUCTION, DEFENDANTS-RESPONDENTS. |
Respondents 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 March 2, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Anthony J. Tantillo sworn to July 2, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Debra A. Norton dated July 17, 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 September 18, 2009.
Entered: July 20, 2009
Patricia L. Morgan, Clerk