| MICHAEL R. NOBILIO V NORFOLK SOUTHERN RAILWAY COMPANY, NORFOLK SOUTHERN CORPORATION, AUTOMOBILE DISTRIBUTIOIN OF |
| Motion No: CA 10-00410 |
| Slip Opinion No: 2010 NY Slip Op 65164(U) |
| Decided on March 1, 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 10-00410
| MICHAEL R. NOBILIO, PLAINTIFF-APPELLANT, V NORFOLK SOUTHERN
RAILWAY COMPANY, NORFOLK SOUTHERN CORPORATION, AUTOMOBILE DISTRIBUTIOIN OF BUFFALO, INC., AND COMPLETE AUTO NETWORK, INC.,
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 November 12, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Anthony J. Tantillo dated February 12, 2010, the affirmation of Paul D. McCormick dated February 17, 2010, the notice of motion with proof of service thereof, the opposing affidavit of John A. Collins sworn to February 18, 2010,
It is hereby ORDERED that the motion be is granted and the appeal is dismissed without further order unless the appeal is perfected on or before April 30, 2010.
Entered: March 1, 2010
Patricia L. Morgan, Clerk