| RICHARD F. CHRISTY, JR. V CITY OF NIAGARA FALLS |
| Motion No: CA 12-00973 |
| Slip Opinion No: 2012 NY Slip Op 76634(U) |
| Decided on June 14, 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 12-00973
| RICHARD F. CHRISTY, JR., PLAINTIFF-RESPONDENT, V CITY OF NIAGARA
FALLS, DEFENDANT-APPELLANT. |
Respondent 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 Niagara on February 16, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Charles S. Desmond, II, Esq., sworn to May 22, 2012, and May 24, 2012, the notice of motion with proof of service thereof, and the affirmation of Douglas A. Janese, Jr., Esq., dated June 1, 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 August 13, 2012.
Entered: June 14, 2012
Frances E. Cafarell, Clerk