| MICHAEL CONNELLY, V CITY OF SYRACUSE, SYRACUSE POLICE DEPARTMENT AND JOEL S. CORDONE, . |
| Motion No: CA 12-01245 |
| Slip Opinion No: 2012 NY Slip Op 84865(U) |
| Decided on September 13, 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 12-01245
| MICHAEL CONNELLY, PLAINTIFF-APPELLANT-RESPONDENT,
V CITY OF SYRACUSE, SYRACUSE POLICE DEPARTMENT AND JOEL S. CORDONE,
DEFENDANTS-RESPONDENTS-APPELLANTS. |
Defendants having moved to vacate the dismissal of their cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on September 28, 2011,
Now, upon reading and filing the affidavit of Ann Magnarelli Alexander, Esq., sworn to August 27, 2012, the notice of motion with proof of service thereof, and the affidavit of Michael J. Balestra, Esq., sworn to September 6, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and defendants' cross appeal is deemed to be timely perfected, and
It is further ORDERED that plaintiff shall file and serve a supplemental reply brief in response to defendants' cross appeal on or before September 28, 2012.
Entered: September 13, 2012
Frances E. Cafarell, Clerk