| PAUL WROBEL V BUFFALO BILLS, INC., APEX SECURITY GROUP, INC., CONTEMPORARY SERVICES CORPORATION, COUNTY OF ERIE, - . |
| Motion No: CA 17-01701 |
| Slip Opinion No: 2017 NY Slip Op 90753(U) |
| Decided on October 23, 2017 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01701
| PAUL WROBEL, PLAINTIFF-APPELLANT, V BUFFALO BILLS, INC., APEX
SECURITY GROUP, INC., CONTEMPORARY SERVICES CORPORATION, COUNTY OF ERIE, DEFENDANTS-RESPONDENTS, ET AL.,
DEFENDANTS. |
Respondent Apex Security Group, Inc. 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 June 30, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Thomas J. Drury, Esq., sworn to October 4, 2017, the notice of motion with proof of service thereof, and the affidavits of Matthew J. Kaiser, Esq., sworn to October 10, 2017, and October 19, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, as it relates to respondent Apex Security Group, Inc., and the appeal is dismissed without further order unless the appeal is perfected on or before December 15, 2017.
Entered: October 23, 2017
Mark W. Bennett, Clerk