Opinion
DOCKET NO. CA 13-01727
10-09-2013
MARKITA SMITH, PLAINTIFF, v. CITY OF BUFFALO, DEFENDANT-RESPONDENT, CITY OF BUFFALO DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS, DEFENDANT, AND COUNTY OF ERIE, DEFENDANT-APPELLANT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 24, 2013,
Now, upon reading and filing the affidavit of Shawn P. Hennessy, Esq., sworn to September 20, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Frances E. Cafarell, Clerk