| FREDERICK J. PLATEK AND MARY E. PLATEK V TOWN OF HAMBURG, ERIE COUNTY WATER AUTHORITY AND ALLSTATE INDEMNITY COMPANY |
| Motion No: CA 11-01716 |
| Slip Opinion No: 2011 NY Slip Op 84396(U) |
| Decided on September 19, 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 11-01716
| FREDERICK J. PLATEK AND MARY E. PLATEK, PLAINTIFFS-RESPONDENTS,
V TOWN OF HAMBURG, ERIE COUNTY WATER AUTHORITY, DEFENDANTS, AND ALLSTATE INDEMNITY COMPANY,
DEFENDANT-APPELLANT. |
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 May 12, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Joseph J. Manna, Esq., sworn to August 16, 2011, the notice of motion with proof of service thereof, and the affirmation of Stephanie A. Mack, Esq., dated August 31, 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 November 18, 2011.
Entered: September 19, 2011
Patricia L. Morgan, Clerk