| WAYNE MILLER V DAVE'S SNOWPLOWING & LANDSCAPING, DAVID RICHARD ANTHONY, BUFFALO SEWER AUTHORITY, AND UMBRA, INC. |
| Motion No: CA 10-00480 |
| Slip Opinion No: 2010 NY Slip Op 70522(U) |
| Decided on May 4, 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 10-00480
| WAYNE MILLER, PLAINTIFF-APPELLANT, V DAVE'S SNOWPLOWING &
LANDSCAPING, DAVID RICHARD ANTHONY, BUFFALO SEWER AUTHORITY, AND UMBRA, INC.,
DEFENDANTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 1, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Manik J. Saini, Esq. dated April 22, 2010, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without costs.
Entered: May 4, 2010
Patricia L. Morgan, Clerk