| NICOLE HERNANDEZ, AS ADMINISTRATRIX OF THE ESTATE OF CHARLES M. LEE, JR., DECEASED AND AS PARENT AND NATURAL GUARDIAN |
| Motion No: CA 10-01296 |
| Slip Opinion No: 2010 NY Slip Op 76424(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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01296
| NICOLE HERNANDEZ, AS ADMINISTRATRIX OF THE ESTATE OF CHARLES M. LEE,
JR., DECEASED AND AS PARENT AND NATURAL GUARDIAN OF THE PERSON AND PROPERTY OF MATTHEW LEE, AND INFANT, PLAINTIFF-APPELLANT,
V TOWN OF HAMBURG, MARK O. PATTON, INDIVIDUALLY AND DOING BUSINESS AS PATTON PLUMBING, MCALLISTER PLUMBING & HEATING,
INC., SAED INC., DOING BUSINESS AS DOCTOR BACKFLOW PLUMBING, DEFENDANTS-RESPONDENTS. |
Respondent Mark O. Patton 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 March 2, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Destin C. Santacrose, Esq. sworn to June 14, 2010, the notice of motion with proof of service thereof, the affidavits of Stephen M. Hughes, Esq. sworn to June 25, 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 August 30, 2010.
Entered: June 29, 2010
Patricia L. Morgan, Clerk