| DANIEL BRYNDLE V SAFETY KLEEN SYSTEMS, INC. |
| Motion No: CA 10-00611 |
| Slip Opinion No: 2010 NY Slip Op 69814(U) |
| Decided on April 20, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00611
| DANIEL BRYNDLE, PLAINTIFF-APPELLANT, V SAFETY KLEEN SYSTEMS,
INC., DEFENDANT-RESPONDENT. |
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 December 3, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of K. John Bland, Esq. sworn to March 15, 2010, the notice of motion with proof of service thereof, the affirmation of Amanda L. Lowe, Esq. dated April 5, 2010, and due deliberation having been had thereon,
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 June 21, 2010.
Entered: April 20, 2010
Patricia L. Morgan, Clerk