| JAMES W. JONES V COUNTY OF ERIE, AMERICAN SITE DEVELOPERS LLC, MALCOLM PIRNIE, INC. RHONDA HARTLEY CONSTRUCTION AND RAY |
| Motion No: CA 13-01845 |
| Slip Opinion No: 2013 NY Slip Op 90563(U) |
| Decided on November 1, 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 13-01845
| JAMES W. JONES, PLAINTIFF-APPELLANT, V COUNTY OF
ERIE, AMERICAN SITE DEVELOPERS LLC, MALCOLM PIRNIE, INC., DEFENDANTS-RESPONDENTS, RHONDA HARTLEY CONSTRUCTION AND RAY
ENVIRONMENTAL SERVICES, LLC, DEFENDANT. |
Respondent American Site Developers LLC 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 July 15, 2013, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Destin C. Santacrose, Esq., sworn to October 8, 2013, and October 28, 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: November 1, 2013
Frances E. Cafarell, Clerk