| PINO ALTO PARTNERS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED V ERIE COUNTY WATER AUTHORITY |
| Motion No: CA 09-02596 |
| Slip Opinion No: 2010 NY Slip Op 61990(U) |
| Decided on January 12, 2010 |
| 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 09-02596
| PINO ALTO PARTNERS, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS
SIMILARLY SITUATED, PLAINTIFF-RESPONDENT, V ERIE COUNTY WATER AUTHORITY,
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 August 18, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of David T. Archer dated December 22, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Hugh M. Russ, III sworn to December 29, 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 March 12, 2010.
Entered: January 12, 2010
Patricia L. Morgan, Clerk