| NICHOLAS J. ROGERS V NIAGARA FALLS BRIDGE COMMISSION |
| Motion No: CA 10-00406 |
| Slip Opinion No: 2010 NY Slip Op 65209(U) |
| Decided on March 8, 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 10-00406
| NICHOLAS J. ROGERS, PLAINTIFF-RESPONDENT, V NIAGARA FALLS
BRIDGE COMMISSION, 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 Niagara on August 18, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John J. Delmonte sworn to February 8, 2010, the notice of motion with proof of service thereof, the supplemental affidavit of John J. Delmonte sworn to February 10, 2010, the opposing affirmation of Paul D. McCormick dated February 24, 2010, the reply affirmation of John J. Delmonte dated February 25, 2010, the supplemental affirmation of Paul D. McCormick dated February 26, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before May 7, 2010.
Entered: March 8, 2010
Patricia L. Morgan, Clerk