| JENNIFER N. WITKOWSKI V PENSKE TRUCK LEASING CORPORATION , AND COUNTY OF ERIE |
| Motion No: CA 16-00513 |
| Slip Opinion No: 2016 NY Slip Op 72583(U) |
| Decided on May 2, 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. |
DOCKET NO. CA 16-00513
| JENNIFER N. WITKOWSKI, PLAINTIFF-RESPONDENT, V PENSKE TRUCK
LEASING CORPORATION, ET AL., DEFENDANTS, AND COUNTY OF ERIE, DEFENDANT-APPELLANT. |
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 Erie on October 8, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of J. Michael Hayes, Esq., dated March 30, 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: May 2, 2016
Frances E. Cafarell, Clerk