| DANIEL E. RUSCH V L.P. CIMINELLI, INC., CITY OF BUFFALO, BUFFALO BOARD OF EDUCATION OF CITY OF BUFFALO, BUFFALO PUBLIC |
| Motion No: CA 12-01997 |
| Slip Opinion No: 2012 NY Slip Op 91023(U) |
| Decided on November 16, 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 12-01997
| DANIEL E. RUSCH, PLAINTIFF-APPELLANT, V L.P.
CIMINELLI, INC., CITY OF BUFFALO, BUFFALO BOARD OF EDUCATION OF CITY OF BUFFALO, BUFFALO PUBLIC SCHOOLS AND
MANNING-SQUIRES-HENNIG CO., INC., DEFENDANTS-RESPONDENTS |
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 August 6, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Patrick J. Hines, Esq., dated October 22, 2012, the notice of motion with proof of service thereof, and the affirmation of Charles H. Cobb, Esq., dated November 5, 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 January 15, 2013.
Entered: November 16, 2012
Frances E. Cafarell, Clerk