| LAWRENCE J. WITTMAN V HEINRICH SERVICES, LLC |
| Motion No: CA 13-00508 |
| Slip Opinion No: 2013 NY Slip Op 70769(U) |
| Decided on April 15, 2013 |
| 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. |
DOCKET NO. CA 13-00508
| LAWRENCE J. WITTMAN, PLAINTIFF-APPELLANT, V
HEINRICH SERVICES, LLC, DEFENDANT-RESPONDENT. |
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 Niagara on September 14, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Melissa B. Burke, Esq., sworn to March 20, 2013, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: April 15, 2013
Frances E. Cafarell, Clerk