| JOSEPH O'BRIEN V CITY OF LACKAWANNA, LACKAWANNA PUBLIC LIBRARY, LACKAWANNA BOARD OF TRUSTEES BUFFALO AND ERIE COUNTY |
| Motion No: CA 13-00664 |
| Slip Opinion No: 2013 NY Slip Op 73182(U) |
| Decided on May 3, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 13-00664
| JOSEPH O'BRIEN, PLAINTIFF-RESPONDENT, V CITY OF
LACKAWANNA, LACKAWANNA PUBLIC LIBRARY, LACKAWANNA BOARD OF TRUSTEES, DEFENDANTS-APPELLANTS, BUFFALO AND ERIE
COUNTY LIBRARY AND COUNTY OF ERIE, DEFENDANTS-RESPONDENTS. |
Plaintiff 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 January 18, 2013, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Harry J. Forrest, Esq., sworn to April 12, 2013, the notice of motion with proof of service thereof, and the affidavit of Robert M. Lippman, Esq., sworn to April 24, 2013, 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 July 2, 2013.
Entered: May 3, 2013
Frances E. Cafarell, Clerk