| WILLIAM J. THYGESEN V NORTH BAILEY VOLUNTEER FIRE COMPANY, INC., WARREN HOLMES, INDIVIDUALLY AND IN HIS CAPACITY AS |
| Motion No: CA 12-00789 |
| Slip Opinion No: 2012 NY Slip Op 74742(U) |
| Decided on May 25, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00789
| WILLIAM J. THYGESEN, PLAINTIFF-APPELLANT, V NORTH BAILEY
VOLUNTEER FIRE COMPANY, INC., WARREN HOLMES, INDIVIDUALLY AND IN HIS CAPACITY AS PRESIDENT OF THE NORTH BAILEY VOLUNTEER FIRE
COMPANY, INC., DAVID HUMBERT, INDIVIDUALLY AND IN HIS CAPACITY AS FIRE CHIEF OF THE NORTH BAILEY VOLUNTEER FIRE COMPANY, INC.,
DANIEL STROZUK, INDIVIDUALLY AND IN HIS CAPACITY AS INVESTIGATOR FOR THE NEW YORK STATE DIVISION OF STATE POLICE AND THE NEW YORK
STATE DIVISION OF STATE POLICE, DEFENDANTS-RESPONDENTS. |
Respondents North Bailey Volunteer Company, Inc., and Warren G. Holmes 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 Erie on January 25, 2012, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal and for other relief,
Now, upon reading and filing the affidavit of Elizabeth A. Cordello, Esq., sworn to April 27, 2012, the affirmation of Jeffrey B. Novak, Esq., dated May 17, 2012, and the notices of motion and cross motion with proof of service thereof, 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 July 24, 2012, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: May 25, 2012
Frances E. Cafarell, Clerk