IN THE MATTER OF JOHN REILLY V CITY OF ROME, ROME POLICE DEPARTMENT, AND JAMES MASUCCI, AS COMMISSIONER OF PUBLIC SAFETY

IN THE MATTER OF JOHN REILLY V CITY OF ROME, ROME POLICE DEPARTMENT, AND JAMES MASUCCI, AS COMMISSIONER OF PUBLIC SAFETY

Motion No: CA 13-00559

Slip Opinion No: 2013 NY Slip Op 70762(U)

Decided on April 15, 2013

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.

April 15, 2013

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

DOCKET NO. CA 13-00559

IN THE MATTER OF JOHN REILLY, PETITIONER-APPELLANT,
V
CITY OF ROME, ROME POLICE DEPARTMENT, AND
JAMES MASUCCI, AS COMMISSIONER OF PUBLIC SAFETY,
RESPONDENTS-RESPONDENTS.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on June 13, 2012,

Now, upon reading and filing the affirmation of Jay G. Williams, Esq., dated March 26, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal pursuant to this Court's rules (see 22 NYCRR 1000.13 [g]).

Entered: April 15, 2013

Frances E. Cafarell, Clerk