| WILLIAM E. KRAFT V HOME DEPOT, INC., HOME DEPOT, U.S.A., INC., MICHELE DOE AND KIM ROE |
| Motion No: NOS. CA 10-00404 AND CA 10-00498 |
| Slip Opinion No: 2010 NY Slip Op 65182(U) |
| Decided on March 3, 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 NOS. CA 10-00404 AND CA 10-00498
| WILLIAM E. KRAFT, PLAINTIFF-APPELLANT, V HOME DEPOT, INC., HOME
DEPOT, U.S.A., INC., MICHELE DOE AND KIM ROE, DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 13, 2009
(CA 10-00404), on the ground that the appeal was not timely taken, and for other relief,
Now, upon reading and filing the affirmation of Kimberly A. Colaiacovo dated February 9, 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, and
It is further ORDERED that the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 25, 2009 (CA 10-00498), is dismissed without costs (see Paul Revere Life Ins. Co., v Campagna, 233 AD2d 954; Dietz International Public Adjusters, Inc., v Frankart Distributors, Inc., 157 AD2d 625).
Entered: March 3, 2010
Patricia L. Morgan, Clerk