| JAMES D. PECK, /- V TOWN BOARD OF TOWN OF AMHERST, CSEA, LOCAL 1000 AFSCME AFL-CIO INCLUDING TOWN OF AMHERST UNIT OF |
| Motion No: CA 11-01231 |
| Slip Opinion No: 2011 NY Slip Op 77147(U) |
| Decided on June 27, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01231
| JAMES D. PECK, PLAINTIFF/PETITIONER-APPELLANT, V TOWN BOARD OF
TOWN OF AMHERST, CSEA, LOCAL 1000 AFSCME AFL-CIO INCLUDING TOWN OF AMHERST UNIT OF ERIE COUNTY LOCAL 815,
DEFENDANTS/RESPONDENTS-RESPONDENTS. |
Appellant having 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 Erie on June 11, 2010,
Now, upon reading and filing the affirmation of Gerard A. Strauss, Esq. dated June 1, 2011, the notice of motion with proof of service thereof, and the affidavit of Patrick M. Kelly, Esq. sworn to June 17, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal, including an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: June 27, 2011
Patricia L. Morgan, Clerk