JOSEPH J. GASKIN, SR. V CITY OF BUFFALO, COUNTY OF ERIE, AND BUFFALO PLACE, INC.
Motion No: CA 11-01300
Slip Opinion No: 2011 NY Slip Op 78725(U)
Decided on July 18, 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.


July 18, 2011

DOCKET NO. CA 11-01300

JOSEPH J. GASKIN, SR., PLAINTIFF-APPELLANT,

V

CITY OF BUFFALO, COUNTY OF ERIE, AND

BUFFALO PLACE, INC., DEFENDANTS-RESPONDENTS.


Respondent Buffalo Place, Inc., 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 24, 2011, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Keith N. Bond, Esq., sworn to June 20, 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: July 18, 2011

Patricia L. Morgan, Clerk