| TOWN OF ANGELICA V JOEL S. SMITH, INDIVIDUALLY AND AS PRESIDENT OF AGGRESSIVE COMPANY, INC. DOING BUSINESS AS |
| Motion No: CA 11-00323 |
| Slip Opinion No: 2011 NY Slip Op 67055(U) |
| Decided on March 11, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-00323
| TOWN OF ANGELICA, PLAINTIFF-APPELLANT, V JOEL S. SMITH,
INDIVIDUALLY AND AS PRESIDENT OF AGGRESSIVE COMPANY, INC. DOING BUSINESS AS DIVERSIFIED CONTRACTING COMPANY AND AGGRESSIVE
COMPANY, INC. DOING BUSINESS AS DIVERSIFIED CONTRACTING COMPANY, DEFENDANTS-RESPONDENTS. |
Respondents 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 Allegany on October 13, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Steven E. Feder, Esq. dated February 8, 2011, the notice of motion with proof of service thereof, and the affirmation of Ryan K. Cummings, Esq. dated February 17, 2011, 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 May 10, 2011.
Entered: March 11, 2011
Patricia L. Morgan, Clerk