| DIANE FLOOD, AS GUARDIAN OF THE PERSON AND PROPERTY OF ANNE MARIE FLOOD, AN INCAPACITATED PERSON V CSX TRANSPORTATION |
| Motion No: CA 10-00444 |
| Slip Opinion No: 2010 NY Slip Op 69877(U) |
| Decided on April 26, 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 10-00444
| DIANE FLOOD, AS GUARDIAN OF THE PERSON AND PROPERTY OF ANNE MARIE
FLOOD, AN INCAPACITATED PERSON, PLAINTIFF-APPELLANT, V CSX TRANSPORTATION, INC., AND TOWN OF HAMBURG,
DEFENDANTS-RESPONDENTS. |
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 January 20, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Emily L. Downing, Esq. sworn to March 29, 2010, the notice of motion with proof of service thereof, the affirmation of Alan D. Voos, Esq. dated April 9, 2010, and due deliberation having been had thereon,
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 June 25, 2010.
Entered: April 26, 2010
Patricia L. Morgan, Clerk