| RICHARD DEMICK V EAST MANUFACTURING CORPORATION AND AMERICAN ROCK SALT COMPANY, LLC |
| Motion No: CA 09-00450 |
| Slip Opinion No: 2009 NY Slip Op 79379(U) |
| Decided on July 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. |
DOCKET NO. CA 09-00450
| RICHARD DEMICK, PLAINTIFF-APPELLANT, V EAST MANUFACTURING
CORPORATION AND AMERICAN ROCK SALT COMPANY, LLC, DEFENDANTS-RESPONDENTS. |
Respondent American Rock Salt Company, LLC 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 affirmation of Kevin Walsh dated June 19, 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: July 27, 2009
Patricia L. Morgan, Clerk