| THOMANN ASPHALT PAVING CORP. V TOWNE GARDENS, LLC |
| Motion No: CA 11-02311 |
| Slip Opinion No: 2011 NY Slip Op 92356(U) |
| Decided on December 9, 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 11-02311
| THOMANN ASPHALT PAVING CORP., PLAINTIFF-RESPONDENT, V TOWNE
GARDENS, LLC, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 5, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Gabriel J. Ferber, Esq., dated November 10, 2011, the notice of motion with proof of service thereof, and the affidavit of Daniel F. Novak, Esq., sworn to November 29, 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 February 7, 2012.
Entered: December 9, 2011
Patricia L. Morgan, Clerk