MICHELLE FARREN V 800 MAIN STREET, INC., BUFFALO URBAN RENEWAL AGENCY, FIRST AMHERST DEVELOPMENT GROUP, LLC, AND PEYTON
Motion No: CA 09-01827
Slip Opinion No: 2009 NY Slip Op 85327(U)
Decided on October 5, 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.


October 5, 2009

DOCKET NO. CA 09-01827

MICHELLE FARREN, PLAINTIFF-APPELLANT,

V

800 MAIN STREET, INC.,

BUFFALO URBAN RENEWAL AGENCY,

FIRST AMHERST DEVELOPMENT GROUP, LLC, AND

PEYTON BARLOW CO., INC., 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 April 3, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Anthony B. Targia dated September 8, 2009, the notice of motion with proof of service thereof, the affidavit of Samuel J. Capizzi sworn to September 21, 2009,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: October 5, 2009

Patricia L. Morgan, Clerk