| D.V. BROWN & ASSOCIATES, INC., V ZOOLOGICAL SOCIETY OF BUFFALO, DONNA M. FERNANDES, RESETARITS CONSTRUCTION CORP. AND |
| Motion No: CA 11-00746 |
| Slip Opinion No: 2011 NY Slip Op 71092(U) |
| Decided on April 27, 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 11-00746
| D.V. BROWN & ASSOCIATES, INC., PLAINTIFF-APPELLANT-RESPONDENT,
V ZOOLOGICAL SOCIETY OF BUFFALO, DONNA M. FERNANDES, RESETARITS CONSTRUCTION CORP., DEFENDANTS-RESPONDENTS, AND
FOIT-ALBERT ARCHITECTURE, ENGINEERING SURVEYING, P.C., DOING BUSINESS AS FOIT-ALBERT ASSOCIATES,
DEFENDANT-RESPONDENT-APPELLANT. |
Defendant-respondent-appellant having moved to dismiss plaintiff-appellant-respondent's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 21, 2010, on the ground that plaintiff-appellant-respondent has failed to perfect timely its appeal,
Now, upon reading and filing the affidavit of Brian Sutter, Esq. sworn to April 6, 2011, the notice of motion with proof of service thereof, and the affidavit of John J. Keenan, Esq. sworn to April 14, 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 27, 2011.
Entered: April 27, 2011
Patricia L. Morgan, Clerk