| GLACIAL AGGREGATES LLC V TOWN OF YORKSHIRE |
| Motion No: CA 10-02317 |
| Slip Opinion No: 2010 NY Slip Op 91695(U) |
| Decided on December 17, 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 10-02317
| GLACIAL AGGREGATES LLC, PLAINTIFF-RESPONDENT, V TOWN OF
YORKSHIRE, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on June 15, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Edward P. Perlman, Esq., sworn to November 4, 2010, and November 22, 2010, the notice of motion with proof of service thereof, and the affirmation of David J. Seeger, Esq., dated December 2, 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 February 15, 2011.
Entered: December 17, 2010
Patricia L. Morgan, Clerk