| TRACY GURNETT V TOWN OF WHEATFIELD, ROBERT CLIFFE, LARRY HELWIG, ARTHUR GERBEC, GILBERT DOUCET, KENNETH RETZLAFF, AND |
| Motion No: CA 11-00587 |
| Slip Opinion No: 2011 NY Slip Op 71039(U) |
| Decided on April 21, 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 11-00587
| TRACY GURNETT, PLAINTIFF-APPELLANT, V TOWN OF WHEATFIELD,
ROBERT CLIFFE, LARRY HELWIG, ARTHUR GERBEC, GILBERT DOUCET, KENNETH RETZLAFF, AND ROBERT J. O'TOOLE,
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 Niagara on December 13, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of James H. Cosgriff, III, Esq. dated March 11, 2011, and March 17, 2011, the notice of motion with proof of service thereof, the affidavit of James P.Verrastro, Esq. sworn to March 25, 2011, and the affidavit of Tracy Gurnett sworn to March 23, 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 June 20, 2011.
Entered: April 21, 2011
Patricia L. Morgan, Clerk