| JORDAN TOWNSEND V ERIE COUNTY |
| Motion No: CA 10-00095 |
| Slip Opinion No: 2010 NY Slip Op 63074(U) |
| Decided on February 9, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00095
| JORDAN TOWNSEND, PLAINTIFF-APPELLANT, V ERIE COUNTY,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 14, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Keith N. Bond sworn to January 11, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: February 9, 2010
Patricia L. Morgan, Clerk