LAURENT SWANSON, INDIVIDUALLY, AND DOROTHY GLOVER AND MARY RODRIGUEZ, AS MEMBERS OF THE BOARD OF COMMISSIONERS FOR THE

LAURENT SWANSON, INDIVIDUALLY, AND DOROTHY GLOVER AND MARY RODRIGUEZ, AS MEMBERS OF THE BOARD OF COMMISSIONERS FOR THE

Motion No: CA 10-02359

Slip Opinion No: 2010 NY Slip Op 91855(U)

Decided on December 23, 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.

December 23, 2010

DOCKET NO. CA 10-02359

LAURENT SWANSON, INDIVIDUALLY, AND
DOROTHY GLOVER AND MARY RODRIGUEZ, AS MEMBERS OF THE BOARD
OF COMMISSIONERS FOR THE LACKAWANNA MUNICIPAL HOUSING
AUTHORITY, PETITIONERS-APPELLANTS,
V
LACKAWANNA MUNICIPAL HOUSING AUTHORITY,
CITY OF LACKAWANNA, AND
NORMAN POLANSKI, INDIVIDUALLY AND AS MAYOR OF CITY OF
LACKAWANA, RESPONDENTS-RESPONDENTS.

Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 9, 2010, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Michael B. Risman, Esq. dated November 29, 2010, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.12).

Entered: December 23, 2010

Patricia L. Morgan, Clerk