| EDWARD A. MORT V VILLAGE OF YOUNGSTOWN AND YARUSSI CONSTRUCTION, INC. |
| Motion No: CA 18-00128 |
| Slip Opinion No: 2018 NY Slip Op 63691(U) |
| Decided on February 7, 2018 |
| 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 18-00128
| EDWARD A. MORT, PLAINTIFF-APPELLANT, V VILLAGE OF
YOUNGSTOWN, DEFENDANT, AND YARUSSI CONSTRUCTION, INC., 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 Niagara on November 20, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Melissa M. Morton, Esq., sworn to January 23, 2018, 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: February 7, 2018
Mark W. Bennett, Clerk