| SHARLENE MCKENZIE, AS EXECUTRIX OF THE ESTATE OF OSCAR MCKENZIE, JR., DECEASED V ONONDAGA COUNTY AND ONONDAGA COUNTY |
| Motion No: 448-12 |
| Slip Opinion No: 2013 NY Slip Op 72558(U) |
| Decided on April 26, 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. |
PRESENT: SMITH, J.P., LINDLEY, SCONIERS, AND MARTOCHE, JJ.
MOTION NO. 448-12
DOCKET NO. CA 11-01853
| SHARLENE MCKENZIE, AS EXECUTRIX OF THE ESTATE OF OSCAR
MCKENZIE, JR., DECEASED, PLAINTIFF-APPELLANT, V ONONDAGA COUNTY AND ONONDAGA COUNTY BAR ASSOCIATION ASSIGNED
COUNSEL PROGRAM, INC., DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to move for leave to appeal to the Court of Appeals from the order of this Court entered April 27, 2012,
Now, upon reading and filing the affirmation of Jeffrey R. Parry, Esq., dated January 28, 2013, the notice of motion with proof of service thereof, and the affirmation of Suzanne M. Messer, Esq., dated February 7, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the groung that it is unnecessary because the parties did not submit proof that the motion for leave to appeal to the Court of Appeals filed with this Court is untimely (see CPLR 5514 (a)-(b); Matter of Park E. Corp. v Whalen, 38 NY2d 559).
Entered: April 26, 2013
Frances E. Cafarell, Clerk