| JEAN M. WALESKI V CITY OF SYRACUSE, SYRACUSE POLICE DEPARTMENT AND SEAN CARLEO |
| Motion No: CA 10-00137 |
| Slip Opinion No: 2010 NY Slip Op 65196(U) |
| Decided on March 5, 2010 |
| 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 10-00137
| JEAN M. WALESKI, PLAINTIFF-RESPONDENT, V CITY OF SYRACUSE,
SYRACUSE POLICE DEPARTMENT AND SEAN CARLEO, DEFENDANTS-APPELLANTS. |
Respondent 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 August 10, 2009, on the ground that the appeal is moot, and appellant having cross-moved for an order declaring that an answer to the amended complaint herein is not necessary and for costs and sanctions pursuant to 22 NYCRR 1000.16 (a),
Now, upon reading and filing the affidavit of Laura Huling sworn to January 12, 2010, the notice of motion with proof of service thereof, the opposing affirmation of Nancy J. Larson dated January 29, 2010,
It is hereby ORDERED that the respondent's motion is denied with leave to renew upon oral argument, and
It is further ORDERED that the appellants' cross motion is denied because it was untimely.
Entered: March 5, 2010
Patricia L. Morgan, Clerk