| RICHARD LYMAN V TOWN OF AMHERST AND TOWN OF AMHERST POLICE DEPARTMENT |
| Motion No: CA 09-02267 |
| Slip Opinion No: 2009 NY Slip Op 90761(U) |
| Decided on December 7, 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 09-02267
| RICHARD LYMAN, PLAINTIFF-APPELLANT, V TOWN OF AMHERST AND
TOWN OF AMHERST POLICE DEPARTMENT, 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 July 13, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Norman E.S. Greene sworn to November 6, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Gary A. Joseph sworn to November 30, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 1, 2010.
Entered: December 7, 2009
Patricia L. Morgan, Clerk