| ONI COLE V OCTANE ENTERPRISES, INC. |
| Motion No: CA 10-00449 |
| Slip Opinion No: 2010 NY Slip Op 80002(U) |
| Decided on August 16, 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 10-00449
| ONI COLE, PLAINTIFF-RESPONDENT, V OCTANE ENTERPRISES, INC.,
DEFENDANT-APPELLANT. |
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 Erie on December 22, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Oni Cole sworn to July 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: August 16, 2010
Patricia L. Morgan, Clerk