| RICHARD A. DEGE V AFZAL H. SHAH, TOWN OF CAMBRIA, TOWN OF CAMBRIA HIGHWAY DEPARTMENT, COUNTY OF NIAGARA AND NIAGARA |
| Motion No: CA 14-01202 |
| Slip Opinion No: 2014 NY Slip Op 79099(U) |
| Decided on July 28, 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 14-01202
| RICHARD A. DEGE, PLAINTIFF-APPELLANT, V AFZAL H.
SHAH, TOWN OF CAMBRIA, TOWN OF CAMBRIA HIGHWAY DEPARTMENT, COUNTY OF NIAGARA AND NIAGARA COUNTY DEPARTMENT OF
PUBLIC WORKS, DEFENDANTS-RESPONDENTS. |
Respondents Town of Cambria and Town of Cambria Highway Department 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 Niagara on February 4, 2014, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jenna W. Klucsik, Esq., dated July 3, 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: July 28, 2014
Frances E. Cafarell, Clerk