DIANE SMITH V NIAGARA FALLS HOUSING AUTHORITY
Motion No: CA 09-02179
Slip Opinion No: 2010 NY Slip Op 75902(U)
Decided on June 29, 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.


June 29, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 09-02179

DIANE SMITH, PLAINTIFF-APPELLANT,

V

NIAGARA FALLS HOUSING AUTHORITY, DEFENDANT-RESPONDENT.


Appellant having moved for an order to settle the record in the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on September 23, 2009, and for other relief,

Now, upon reading and filing the affidavit of Diane Smith sworn to June 2, 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 denied because a motion requesting an order to settle the record must be filed with the Niagara County Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]).

Entered: June 29, 2010

Patricia L. Morgan, Clerk