| BUFFALO CRUSHED STONE, INC. V TOWN OF CHEEKTOWAGA |
| Motion No: CA 11-00498 |
| Slip Opinion No: 2011 NY Slip Op 68494(U) |
| Decided on March 25, 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 11-00498
| BUFFALO CRUSHED STONE, INC., PLAINTIFF-RESPONDENT, V TOWN OF
CHEEKTOWAGA, 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 December 3, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John G. Horn, Esq. dated March 7, 2011, 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: March 25, 2011
Patricia L. Morgan, Clerk