| NEAL MACK AND WESLEY MACK V CITY OF BUFFALO, KEVIN BRINKWORTH, PAUL SOBKOWIAK, GREGORY KWIATKOWSKI, RALPH SKINNER, AND |
| Motion No: CA 12-00953 |
| Slip Opinion No: 2013 NY Slip Op 78699(U) |
| Decided on July 2, 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: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00953
| NEAL MACK AND WESLEY MACK,
PLAINTIFFS-APPELLANTS, V CITY OF BUFFALO, KEVIN BRINKWORTH, PAUL SOBKOWIAK, GREGORY
KWIATKOWSKI, RALPH SKINNER, AND ANTHONY PORZIO, DEFENDANTS-RESPONDENTS. |
Appellant having moved to vacate dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 16, 2012,
Now, upon reading and filing the affirmation of Michael Cobbs, Esq., dated June 5, 2013, the notice of motion with proof of service thereof, and the affirmation of Michael B. Risman, Esq., dated June 17, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.13 [g]).
Entered: July 2, 2013
Frances E. Cafarell, Clerk