| TOWN OF CLARENCE V P.A.T. CONSTRUCTION MANAGEMENT CORPORATION , KULBACK'S & ASSOCIATES, INC. TOWN OF CLARENCE V P.A.T. |
| Motion No: NOS. CA 09-01148, CA 09-01743, AND CA 09-01742 |
| Slip Opinion No: 2009 NY Slip Op 81566(U) |
| Decided on August 25. 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 NOS. CA 09-01148, CA 09-01743, AND CA 09-01742
| TOWN OF CLARENCE, PLAINTIFF-APPELLANT, V P.A.T. CONSTRUCTION
MANAGEMENT CORPORATION, ET AL., DEFENDANTS, KULBACK'S & ASSOCIATES, INC., DEFENDANT-RESPONDENT. TOWN OF CLARENCE,
PLAINTIFF-APPELLANT, V P.A.T. CONSTRUCTION MANAGEMENT CORPORATION, DEFENDANT-RESPONDENT, ET AL., DEFENDANTS.
TOWN OF CLARENCE, PLAINTIFF-APPELLANT, V P.A.T. CONSTRUCTION MANAGEMENT CORPORATION, ET AL., DEFENDANTS, AND WENDEL
DUCHSCHERER ARCHITECTURE & ENGINEERS, DEFENDANT-RESPONDENT. |
Respondents having moved to dismiss the appeals taken from an orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 1, 2009, April 30, 2009 and May 4, 2009 on the ground that appellant has failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Ralph C. Lorigo sworn to August 5, 2009, the affidavit of Patricia Stroman Walker sworn to August 10, 2009, the affirmation of Langston D. McFadden dated August 18, 2009, the notices of motion with proof of service thereof,
It is hereby ORDERED that the motions be, and the same hereby are, granted, and the appeals are dismissed without costs.
Entered: August 25. 2009
Patricia L. Morgan, Clerk