| ELBERT WELCH V JEFF, SECURITY GUARD, ERIC, SECURITY GUARD SUPERVISOR, AND OWNER OF SENECA NIAGARA CASINO |
| Motion No: CA 16-01813 |
| Slip Opinion No: 2016 NY Slip Op 88938(U) |
| Decided on October 18, 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 16-01813
| ELBERT WELCH, PLAINTIFF-APPELLANT, V JEFF, SECURITY GUARD, ERIC,
SECURITY GUARD SUPERVISOR, AND OWNER OF SENECA NIAGARA CASINO, 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 Niagara on May 24, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of John G. Horn, Esq., dated September 22, 2016, the affirmation of David T. Archer, Esq., dated October 6, 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: October 18, 2016
Frances E. Cafarell, Clerk