| CYNTHIA MORGAN, INDIVIDUALLY AND DOING BUSINESS AS KITTY'S ON THE CANAL AND DAVID E. MORGAN V CITY OF UTICA; ROBERT |
| Motion No: CA 10-00900 |
| Slip Opinion No: 2010 NY Slip Op 70525(U) |
| Decided on May 4, 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. |
DOCKET NO. CA 10-00900
| CYNTHIA MORGAN, INDIVIDUALLY AND DOING BUSINESS AS KITTY'S ON THE
CANAL AND DAVID E. MORGAN, PLAINTIFFS-RESPONDENTS, V CITY OF UTICA; ROBERT ESCHE, INDIVIDUALLY AND DOING BUSINESS AS
AQUA VINO RESTAURANT; TIMOTHY JULIAN, INDIVIDUALLY AND AS MAYOR OF CITY OF UTICA; AND WILLIAM M. BORRILL, INDIVIDUALLY AND AS ASSISTANT
CORPORATION COUNSEL FOR CITY OF UTICA, DEFENDANTS-APPELLANTS, |
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 Oneida on January 2, 2009, on the ground that appellants have failed to perfect timely the appeal, and
Appellants having cross-moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 2, 2009, and
Now, upon reading and filing the affidavits of Anthony J. LaFache, Esq. sworn to April 13, 2010 and April 14, 2010, the affidavit of William M. Borrill, Esq. sworn to April 28, 2010, the notices of motion with proof of service thereof,
It is hereby ORDERED that respondents' motion is dismissed as unnecessary (see 22 NYCRR 1000.12 [b]), and
It is further ORDERED that the appellants' cross motion is dismissed without prejudice to a motion to vacate dismissal pursuant to 22 NYCRR 1000.13 (g).
Entered: May 4, 2010
Patricia L. Morgan, Clerk