MICHAEL J. WATSON V CITY OF JAMESTOWN, WILLIAM R. MACLAUGHLIN, INDIVIDUALLY AND HIS OFFICIAL CAPACITY AS CHIEF OF THE

MICHAEL J. WATSON V CITY OF JAMESTOWN, WILLIAM R. MACLAUGHLIN, INDIVIDUALLY AND HIS OFFICIAL CAPACITY AS CHIEF OF THE

Motion No: CA 08-00345

Slip Opinion No: 2008 NYSlipOp 65002(U)

Decided on February 26, 2008

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.

February 26, 2008

DOCKET NO. CA 08-00345

MICHAEL J. WATSON, PLAINTIFF-APPELLANT,
V
CITY OF JAMESTOWN, WILLIAM R. MACLAUGHLIN, INDIVIDUALLY AND
HIS OFFICIAL CAPACITY AS CHIEF OF THE JAMESTOWN POLICE
DEPARTMENT, LEE C. DAVIES, INDIVIDUALLY AND HIS OFFICIAL
CAPACITY AS CAPTAIN OF THE JAMESTOWN POLICE DEPARTMENT, AND
TODD ISAACSON, INDIVIDUALLY AND HIS OFFICIAL CAPACITY AS
LIEUTENANT OF THE JAMESTOWN POLICE DEPARTMENT,
DEFENDANTS-RESPONDENTS.

Respondents having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on October 4, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Marilyn Fiore-Nieves sworn to

February 8, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Paul V. Webb sworn to February 14, 2008, the reply affidavit of Marilyn Fiore-Nieves sworn to February 19, 2008,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal is dismissed without further order unless the appeal is perfected on or before

April 25, 2008.

Entered: February 26, 2008

JoAnn M. Wahl, Clerk