| NATIONAL FUEL GAS DISTRIBUTION CORPORATION V PUSH BUFFALO (PEOPLE UNITED FOR SUSTAINABLE HOUSING) AND WHITNEY YAX |
| Motion No: CA 11-01608 |
| Slip Opinion No: 2011 NY Slip Op 81978(U) |
| Decided on August 24, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-01608
| NATIONAL FUEL GAS DISTRIBUTION CORPORATION,
PLAINTIFF-APPELLANT, V PUSH BUFFALO (PEOPLE UNITED FOR SUSTAINABLE HOUSING) AND WHITNEY YAX,
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 April 11, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of James J. Duggan, Esq., dated August 9, 2011, the affidavit of Alisa A. Lukasiewicz, Esq., sworn to August 17, 2011, and the notices of motion and cross motion with proof of service thereof, 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 October 24, 2011, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: August 24, 2011
Patricia L. Morgan, Clerk