| IN THE MATTER OF DAVID K. ROBIDA V CHRISTINE M. ZIEMBA, CHIEF OF POLICE OF CHEEKTOWAGA POLICE DEPARTMENT, AND TOWN OF |
| Motion No: CA 11-00962 |
| Slip Opinion No: 2011 NY Slip Op 75058(U) |
| Decided on June 7, 2011 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-00962
| IN THE MATTER OF DAVID K. ROBIDA, PETITIONER-APPELLANT, V
CHRISTINE M. ZIEMBA, CHIEF OF POLICE OF CHEEKTOWAGA POLICE DEPARTMENT, AND TOWN OF CHEEKTOWAGA,
RESPONDENTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 2, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Craig R. Bucki, Esq. sworn to May 6, 2011, the notice of motion with proof of service thereof, and the affidavit of W. James Schwan, Esq. sworn to May 12, 2011, 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 August 8, 2011.
Entered: June 7, 2011
Patricia L. Morgan, Clerk