| KENNETH M. SCHLAU, JR. V CITY OF BUFFALO, ET. AL. FREY ELECTRIC CONSTRUCTION CO., INC, |
| Motion No: CA 11-01153 |
| Slip Opinion No: 2011 NY Slip Op 76472(U) |
| Decided on June 23, 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 11-01153
| KENNETH M. SCHLAU, JR., PLAINTIFF-APPELLANT, V CITY OF BUFFALO,
ET. AL., DEFENDANTS, FREY ELECTRIC CONSTRUCTION CO., INC, ET AL., DEFENDANTS-RESPONDENTS. |
Respondent Frey Electric Construction Co., Inc. having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 17, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Kimberly A. Georger, Esq. sworn to May 31, 2011, and June 1, 2011, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq. dated June 9, 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 August 22, 2011.
Entered: June 23, 2011
Patricia L. Morgan, Clerk