| DIANE SMITH V NIAGARA FALLS HOUSING AUTHORITY |
| Motion No: CA 09-02179 |
| Slip Opinion No: 2010 NY Slip Op 77503(U) |
| Decided on July 15, 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 09-02179
| DIANE SMITH, PLAINTIFF-APPELLANT, V NIAGARA FALLS HOUSING
AUTHORITY, DEFENDANT-RESPONDENT. |
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 Niagara on September 23, 2009, on the ground that appellant has failed to perfect timely the appeal, and for other relief, and
Appellant having requested sanctions against respondent,
Now, upon reading and filing the affidavit of Michael J. Garvey, Esq. sworn to June 16, 2010, the notice of motion with proof of service thereof, the statement of Diane Smith dated June 21, 2010, the affidavit of Diane Smith sworn to July 6, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary because the appeal was dismissed on June 15, 2010 pursuant to the order of this Court entered April 15, 2010, and
It is further ORDERED that appellant's request is denied.
Entered: July 15, 2010
Patricia L. Morgan, Clerk