| MILLER TIME EXPRESS, INC. V TOWN BOARD, TOWN OF LOWVILLE |
| Motion No: CA 10-02021 |
| Slip Opinion No: 2010 NY Slip Op 87707(U) |
| Decided on November 8, 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 10-02021
| MILLER TIME EXPRESS, INC., PETITIONER-APPELLANT, V TOWN BOARD,
TOWN OF LOWVILLE, RESPONDENT-RESPONDENT. |
Respondent having moved to dismiss on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Lewis on May 27, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Raymond A. Meier, Esq. sworn to October 1, 2010, the notice of motion with proof of service thereof, and the affidavit of Steven A. Smith, Esq. sworn to October 18, 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 January 7, 2011.
Entered: November 8, 2010
Patricia L. Morgan, Clerk