LORI MURPHY AND SECOND CHANCE THERAPEUTIC SERVICES V COUNTY OF OSWEGO, BARBARA SCHULER, IN HER INDIVIDUAL CAPACITY AND
Motion No: CA 10-02130
Slip Opinion No: 2010 NY Slip Op 88180(U)
Decided on November 15, 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.


November 15, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-02130

LORI MURPHY AND SECOND CHANCE THERAPEUTIC SERVICES,

PLAINTIFFS-APPELLANTS,

V

COUNTY OF OSWEGO, BARBARA SCHULER, IN HER INDIVIDUAL

CAPACITY AND OFFICIAL CAPACITY AS DIRECTOR OF THE

OSWEGO COUNTY DEPARTMENT OF PROBATION,

GEORGE B. MARTURANO, IN HIS OFFICIAL CAPACITY WITH

THE OSWEGO COUNTY DEPARTMENT OF PROBATION, AND

MARY MARTURANO, IN HER OFFICIAL CAPACITY WITH THE

OSWEGO COUNTY DEPARTMENT OF PROBATION, JOINTLY

AND SEVERALLY, DEFENDANTS-RESPONDENTS.


Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oswego on July 22, 2010, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavits of J. Ryan Hatch, Esq. sworn to October 18, 2010, and October 20, 2010, the notice of motion with proof of service thereof, and the affirmation of Richard Brickwedde, Esq. dated October 28, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before January 14, 2011.

Entered: November 15, 2010

Patricia L. Morgan, Clerk