| READ J. IRWIN V SAVILLE'S OUTDOOR POWER EQUIPMENT AND MARK RUSSELL |
| Motion No: CA 11-01142 |
| Slip Opinion No: 2011 NY Slip Op 77172(U) |
| Decided on June 28, 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 11-01142
| READ J. IRWIN, PLAINTIFF-APPELLANT, V SAVILLE'S OUTDOOR POWER
EQUIPMENT AND MARK RUSSELL, 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 Erie on February 25, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Brendan H. Little, Esq. dated June 1, 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: June 28, 2011
Patricia L. Morgan, Clerk