| ACCADIA SITE CONTRACTING, INC. V CITY OF BUFFALO |
| Motion No: CA 11-00238 |
| Slip Opinion No: 2011 NY Slip Op 66495(U) |
| Decided on March 10, 2011 |
| 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 11-00238
| ACCADIA SITE CONTRACTING, INC., PLAINTIFF-RESPONDENT, V CITY OF
BUFFALO, DEFENDANT-APPELLANT. |
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 March 31, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Patrick J. Mackley, Esq. sworn to January 26, 2011, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is dismissed as unnecessary (see 22 NYCRR 1000.12 [b]).
Entered: March 10, 2011
Patricia L. Morgan, Clerk