| JUDITH R. WHITMER V NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE |
| Motion No: CA 09-01981 |
| Slip Opinion No: 2009 NY Slip Op 86615(U) |
| Decided on October 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 09-01981
| JUDITH R. WHITMER, PLAINTIFF-RESPONDENT, V NEW YORK STATE
DEPARTMENT OF TAXATION & FINANCE, DEFENDANT-APPELLANT. |
Respondent 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 June 22, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Frank J. Jacobson sworn to September 28, 2009, the notice of motion with proof of service thereof, the Stipulation Withdrawing and Discontinuing Appeal dated October 6, 2009 and October 7, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as unnecessary.
Entered: October 20, 2009
Patricia L. Morgan, Clerk