| IN THE MATTER OF JAMES MCTIERNAN, III, INDIVIDUALLY AND AS PRESIDENT OF THE ROCHESTER FIREFIGHTERS, INC., LOCAL 1071 |
| Motion No: CA 11-02387 |
| Slip Opinion No: 2011 NY Slip Op 92361(U) |
| Decided on December 12, 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 11-02387
| IN THE MATTER OF JAMES MCTIERNAN, III, INDIVIDUALLY AND AS PRESIDENT
OF THE ROCHESTER FIREFIGHTERS, INC., LOCAL 1071, IAFF, AFL-CIO, AND ON BEHALF OF ALL OTHER INDIVIDUALS PROVIDING FIRE PROTECTION TO CITY
OF ROCHESTER, SIMILARLY SITUATED, PETITIONERS-RESPONDENTS, V JOHN CAUFIELD, AS CHIEF OF THE FIRE DEPARTMENT OF THE CITY
OF ROCHESTER AND AS ADMINISTRATOR OF THE FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER; CHARLES A. BENINCASA, AS TREASURER OF
CITY OF ROCHESTER AND AS TRUSTEE OF THE FIREFIGHTERS' INSURANCE FUND OF CITY OF ROCHESTER; CITY OF ROCHESTER AND THE FIRE
DEPARTMENT OF CITY OF ROCHESTER, RESPONDENTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 18, 2011, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Amy L. DiFranco, Esq., dated November 18, 2011, and November 28, 2011, the notice of motion with proof of service thereof, and the affidavit of John M. Campolietio, Esq., sworn to November 22, 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 February 7, 2012.
Entered: December 12, 2011
Patricia L. Morgan, Clerk