| WALTER F. REYNOLDS, III V WILLIAM KREBS, INDIVIDUALLY AND AS MAYOR OF VILLAGE OF SPRINGVILLE, TIMOTHY L. HORNER |
| Motion No: CA 10-01442 |
| Slip Opinion No: 2010 NY Slip Op 77495(U) |
| Decided on July 14, 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 10-01442
| WALTER F. REYNOLDS, III, PLAINTIFF-APPELLANT, V WILLIAM KREBS,
INDIVIDUALLY AND AS MAYOR OF VILLAGE OF SPRINGVILLE, TIMOTHY L. HORNER, INDIVIDUALLY AND AS VILLAGE ADMINISTRATOR OF VILLAGE OF
SPRINGVILLE, MICHAEL KALETA, INDIVIDUALLY AND AS CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR OF VILLAGE OF SPRINGVILLE, AND
VILLAGE OF SPRINGVILLE, DEFENDANTS-RESPONDENTS. |
Defendants-respondents 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 17, 2010, on the ground that appellant has failed to perfect timely the appeal,
Plaintiff-appellant having cross-moved to extend the time to perfect the appeal from the same order,
Now, upon reading and filing the affidavit of Michael F. Perley, Esq. sworn to June 23, 2010, the affirmation of David J. Seeger, Esq. dated June 30, 2010, the notices of motion and cross motion with proof of service thereof, 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 September 13, 2010.
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: July 14, 2010
Patricia L. Morgan, Clerk