| SHARLENE MCKENZIE, AS EXECUTRIX OF THE ESTATE OF OSCAR MCKENZIE, JR., DECEASED V ONONDAGA COUNTY AND THE ONONDAGA |
| Motion No: CA 11-01853 |
| Slip Opinion No: 2011 NY Slip Op 85233(U) |
| Decided on September 26, 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 11-01853
| SHARLENE MCKENZIE, AS EXECUTRIX OF THE ESTATE OF OSCAR MCKENZIE, JR.,
DECEASED, PLAINTIFF-APPELLANT, V ONONDAGA COUNTY AND THE ONONDAGA COUNTY BAR ASSOCIATION ASSIGNED COUNSEL PROGRAM,
INC., 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 Onondaga on July 5, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Suzanne M. Messer, Esq., dated September 9, 2011, the notice of motion with proof of service thereof, and the affirmation of Jeffrey R. Parry, Esq., dated September 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 November 25, 2011.
Entered: September 26, 2011
Patricia L. Morgan, Clerk