| EEVON L. RICE V MATTHEW A. BREIDENSTEIN |
| Motion No: CA 10-02029 |
| Slip Opinion No: 2010 NY Slip Op 87722(U) |
| Decided on November 9, 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 10-02029
| EEVON L. RICE, PLAINTIFF-APPELLANT, V MATTHEW A. BREIDENSTEIN,
DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 28, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Anthony J. Tantillo, Esq. dated September 30, 2010, and 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: November 9, 2010
Patricia L. Morgan, Clerk