FILED: ERIE COUNTY CLERK 12/20/2018 02:09 PM INDEX NO.

815187/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/20/2018

STATE OF NEW YORK

SUPREME COURT COUNTY OF ERIE

THE TOWN OF WEST SENECA, NEW YORK

Plaintiff,

v. NOTICE OF
APPEAL

LOUIS DESIGN SOLUTIONS ARCHITECTURE, LLC Index No.:

81.5187/2017

(f/k/a Louis Design Group)

Defendant.

PLEASE TAKE NOTICE that the Plaintiff, The Town of West Seneca, New

York ("West Seneca"), hereby appeals to the Appellate Division of the New York State

Supreme Court in and for the Fourth Department, each and every part of the December 3,

2018 Order & Judgment of the Honorable Joseph R. Glownia, J.S.C. that granted Louis

Design Solutions Architecture, LLC's (f/k/a Louis Design Group) ("Louis Design")

motion to dismiss West Seneca's Complaint, which Order & Judgment was rendered at a

Special Term of the Supreme Court held in and for the

County of Erie at the Erie
County

Courthouse, located at 92 Franklin Street, Buffalo, New York 14202, on November 16,

2018. A copy of the December 3, 2018 Order & Judgment is attached hereto as Exhibit A.

ERNS
LLP

925 CLINTON SQUARE

ROCHESTER, NY 14604

1 of 2
FILED: ERIE COUNTY CLERK 12/20/2018 02:09 PM INDEX NO. 815187/2017
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 12/20/2018

DATED: December 20, 2018

Rochester, New York

ERNSTROM & D STE, LLP

By:

John W. Dreste, Esq.

Matthew D. Holmes, Esq.

Attorneys for Plaintiff-Appellant

925 Clinton Square

Rochester, New York 14604

Phone: (585) 473-3100

TO: Hilary C. Banker, Esq.

Burgio, Curvin & Banker

Attorneys for Defendant

496 Main Street

Buffalo, New York 14202

Phones: (716) 854-1744

ERNSTROM
&DR§STE

925 CLINTON SQUARE

ROCHESTER, NY 14604

2 of 2