| HECTOR RODRIGUEZ V BRIAN J. DIETZEN AND CITY OF DUNKIRK |
| Motion No: CA 14-01005 |
| Slip Opinion No: 2014 NY Slip Op 76120(U) |
| Decided on June 24, 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. |
DOCKET NO. CA 14-01005
| HECTOR RODRIGUEZ, PLAINTIFF-APPELLANT, V BRIAN J.
DIETZEN AND CITY OF DUNKIRK, DEFENDANTS-RESPONDENTS. |
Respondents 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 Chautauqua on February 6, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Jeffrey T. Bochiechio, Esq., dated May 28, 2014, and June 5, 2014, 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: June 24, 2014
Frances E. Cafarell, Clerk