| TOWN OF CLARENCE V P.A.T. CONSTRUCTION MANAGEMENT CORPORATION , MOLLENBERG-BETZ, INC. |
| Motion No: CA 09-01154 |
| Slip Opinion No: 2009 NY Slip Op 87249(U) |
| Decided on October 26, 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 09-01154
| TOWN OF CLARENCE, PLAINTIFF-APPELLANT, V P.A.T. CONSTRUCTION
MANAGEMENT CORPORATION, ET AL., DEFENDANTS, MOLLENBERG-BETZ, INC., DEFENDANT-RESPONDENT. |
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 May 26, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Bernadette Clor sworn to October 9, 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: October 26, 2009
Patricia L. Morgan, Clerk