IN THE MATTER OF GAMALIEL (TONY) DOMINGUEZ V MONROE COUNTY SHERIFF PATRICK M. O'FLYNN, CAPTAIN ANDREW FORSYTHE
Motion No: NOS. CA 12-00233 AND CA 12-00234
Slip Opinion No: 2012 NY Slip Op 63689(U)
Decided on February 8, 2012
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.


February 8, 2012

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

DOCKET NOS. CA 12-00233 AND CA 12-00234

IN THE MATTER OF GAMALIEL (TONY) DOMINGUEZ,

PETITIONER-RESPONDENT,

V

MONROE COUNTY SHERIFF PATRICK M. O'FLYNN, CAPTAIN

ANDREW FORSYTHE, LIEUTENANT JOHN DIMARTINO, DEPUTY

PATRICIO ROJAS, JR., IN THEIR OFFICIAL CAPACITIES,

RESPONDENTS-APPELLANTS.


Petitioner-respondent having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 4, 2011 (Docket No. CA 12-00233), and November 16, 2011 (Docket No. CA 12-00234), on the ground that respondents-appellants have failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Jeffrey Wicks, Esq., dated January 20, 2012, the notice of motion with proof of service thereof, and the affirmation of Brian E. Marianetti, Esq., dated January 30, 2012, 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 April 9, 2012.

Entered: February 8, 2012

Frances E. Cafarell, Clerk