IN THE MATTER OF GEORGE LUNDY V CITY OF OSWEGO, HON. RANDOLF BATEMAN, ACTING MAYOR OF THE CITY OSWEGO, AND NANCY C.
Motion No: CA 09-00790
Slip Opinion No: 2009 NY Slip Op 71764(U)
Decided on May 5, 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.


May 5, 2009

DOCKET NO. CA 09-00790

IN THE MATTER OF GEORGE LUNDY, PETITIONER-APPELLANT,

V

CITY OF OSWEGO, HON. RANDOLF BATEMAN, ACTING MAYOR OF THE

CITY OSWEGO, AND

NANCY C. STERIO, CIVIL SERVICE PERSONNEL OFFICER, CITY OF

OSWEGO, RESPONDENTS-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 Onondaga on April 7, 2009, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Elayne G. Gold sworn to April 16, 2009, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: May 5, 2009

Patricia L. Morgan, Clerk