CARMEN RIVERA V CITY OF DUNKIRK
Motion No: CA 16-00364
Slip Opinion No: 2016 NY Slip Op 70409(U)
Decided on April 13, 2016
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.


April 13, 2016

DOCKET NO. CA 16-00364

CARMEN RIVERA, PLAINTIFF-APPELLANT,

V

CITY OF DUNKIRK, DEFENDANT-RESPONDENT.


Respondent 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 October 22, 2015, on the ground that appellant failed to perfect timely the appeal, and for other relief,

Now, upon reading and filing the affidavit of Paula M. Eade Newcomb, Esq., sworn to February 26, 2016, 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: April 13, 2016

Frances E. Cafarell, Clerk