| MARKITA SMITH V CITY OF BUFFALO CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS AND COUNTY OF ERIE |
| Motion No: CA 13-01727 |
| Slip Opinion No: 2013 NY Slip Op 87877(U) |
| Decided on October 9, 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 13-01727
| MARKITA SMITH, PLAINTIFF, V CITY OF BUFFALO,
DEFENDANT-RESPONDENT, CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS, DEFENDANT, AND COUNTY OF
ERIE, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 24, 2013,
Now, upon reading and filing the affidavit of Shawn P. Hennessy, Esq., sworn to September 20, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: October 9, 2013
Frances E. Cafarell, Clerk