| KAREN L. SIMMONS V OAK GROVE CONSTRUCTION, INC. NATIONAL FUEL GAS |
| Motion No: CA 10-01694 |
| Slip Opinion No: 2010 NY Slip Op 82465(U) |
| Decided on September 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 10-01694
| KAREN L. SIMMONS, PLAINTIFF-RESPONDENT, V OAK GROVE
CONSTRUCTION, INC., DEFENDANT-APPELLANT, NATIONAL FUEL GAS, DEFENDANT. |
Appellant having moved to dismiss, without prejudice, its appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 30, 2010,
Now, upon reading and filing the affirmation of Daniel J. Caffrey, Esq., the notice of 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 prejudice.
Entered: September 15, 2010
Patricia L. Morgan, Clerk