| JOHN O'DONNELL V ROBERT FERGUSON, INDIVIDUALLY, AND AS CHIEF OF POLICE OF THE TOWN OF EVANS, ROBERT R. CATALINO, II |
| Motion No: CA 09-00221 |
| Slip Opinion No: 2009 NYSlipOp 63841(U) |
| Decided on February 11, 2009 |
| 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 09-00221
| JOHN O'DONNELL, PLAINTIFF-APPELLANT, V ROBERT FERGUSON,
INDIVIDUALLY, AND AS CHIEF OF POLICE OF THE TOWN OF EVANS, ROBERT R. CATALINO, II, INDIVIDUALLY AND AS SUPERVISOR OF THE TOWN OF EVANS,
AND THOMAS A. PARTRIDGE, THOMAS A. CSATI, KAREN C. ERICKSON AND JOSEPH GOVENETTIO, INDIVIDUALLY AND AS MEMBERS OF THE TOWN
BOARD OF THE TOWN OF EVANS, 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 Erie on September 24, 2008, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Stephen P. Brooks dated January 27, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Christen Archer Pierrot dated February 6, 2009,
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 10, 2009.
Entered: February 11, 2009
JoAnn M. Wahl, Clerk