| KENNETH M. SCHLAU, JR. V CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT |
| Motion No: CA 13-01597 |
| Slip Opinion No: 2014 NY Slip Op 74763(U) |
| Decided on June 9, 2014 |
| 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 13-01597
| KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT, V
CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY SERVICES, INC.
(ADT), U. & S. SERVICES, INC., DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO.
3.) |
Appellant U. & S. Services, Inc. having moved to vacate dismissal of its appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 8, 2013 (appeal No. 3), and having moved for this Court to accept the filing of its brief filed May 19, 2014, nunc pro tunc as to appeal No. 3,
Now, upon reading and filing the affidavit of Elizabeth G. Adymy, Esq., sworn to May 21, 2014, 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 granted, dismissal of appellant U. & S. Services, Inc.'s appeal No. 3 is vacated and appellant U. & S. Services, Inc.'s brief filed with this Court on May 19, 2014, is also accepted for filing regarding appeal No. 3.
Entered: June 9, 2014
Frances E. Cafarell, Clerk