| GLACIAL AGGREGATES, L.L.C. V TOWN OF YORKSHIRE |
| Motion No: CA 12-01839 |
| Slip Opinion No: 2012 NY Slip Op 88816(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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01839
| GLACIAL AGGREGATES, L.L.C., PLAINTIFF-RESPONDENT,
V TOWN OF YORKSHIRE, DEFENDANT-APPELLANT. |
Respondent 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 Cattaraugus on May 30, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Edward P. Perlman, Esq., sworn to September 18, 2012, the notice of motion with proof of service thereof, and the affidavit of Robert D. Steinhaus, Esq., sworn to October 1, 2012, 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 December 26, 2012.
Entered: October 25, 2012
Frances E. Cafarell, Clerk