| MICHAEL ANDRZEJEWSKI V CITY OF BUFFALO, CSX TRANSPORTATION, INC. AND VERIZON NEW YORK, INC. VERIZON NEW YORK, INC., - |
| Motion No: CA 12-01840 |
| Slip Opinion No: 2012 NY Slip Op 88809(U) |
| Decided on October 25, 2012 |
| 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 12-01840
| MICHAEL ANDRZEJEWSKI, PLAINTIFF-APPELLANT, V CITY
OF BUFFALO, CSX TRANSPORTATION, INC. AND VERIZON NEW YORK, INC., DEFENDANTS-RESPONDENTS. VERIZON NEW YORK, INC.,
THIRD-PARTY PLAINTIFF-RESPONDENT, V CUSTOM CREWS, INC., THIRD-PARTY
DEFENDANT-APPELLANT. |
Respondent Verizon New York, Inc. having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 18, 2012, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of William D. Christ, Esq., sworn to September 26, 2012, the notice of motion with proof of service thereof, the affirmation of Christopher J. O'Brien, Esq., dated October 8, 2012, and the affirmation of Thomas P. Kawalec, Esq., dated October 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before December 26, 2012.
Entered: October 25, 2012
Frances E. Cafarell, Clerk