| PAUL MARINACCIO, SR. V TOWN OF CLARENCE AND KIEFFER ENTERPRISE, INC. |
| Motion No: CA 10-00292 |
| Slip Opinion No: 2011 NY Slip Op 87224(U) |
| Decided on October 17, 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 LINDLEY, JJ.
DOCKET NO. CA 10-00292
| PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT, V TOWN OF
CLARENCE, DEFENDANT, AND KIEFFER ENTERPRISE, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal on the ground that appellant has failed to perfect timely the appeal and having moved to strike, in whole or in part, appellant's brief and reply brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 24, 2009,
Now, upon reading and filing the affidavit of Joseph J. Manna, Esq., sworn to September 30, 2011, the notice of motion with proof of service thereof, and the affirmation of Patricia A. Mancabelli, Esq., dated October 7, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 17, 2011
Patricia L. Morgan, Clerk