IN THE MATTER OF LISA DIFRANCESCO, KELLY EARNST, BRENDA HIGGINS, MICHAEL JANOWSKY, MICHELLE MARASCHIELLO AND RAYMOND
Motion No: CA 13-02187
Slip Opinion No: 2014 NY Slip Op 66299(U)
Decided on March 10, 2014
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.


March 10, 2014

PRESENT: SCUDDER, P. J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ.

DOCKET NO. CA 13-02187

IN THE MATTER OF LISA DIFRANCESCO, KELLY EARNST, BRENDA

HIGGINS, MICHAEL JANOWSKY, MICHELLE MARASCHIELLO AND

RAYMOND YUREK, PETITIONERS-RESPONDENTS,

V

COUNTY OF NIAGARA, JAMES R. VOUTOUR, AS SHERIFF OF COUNTY

OF NIAGARA, CITY OF NORTH TONAWANDA, NIAGARA COUNTY DEPUTY

SHERIFF'S ASSOCIATION, RESPONDENTS-APPELLANTS,

ET AL., RESPONDENTS.


Appellant City of North Tonawanda having moved to vacate the dismissal of 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 28, 2013,

Now, upon reading and filing the affidavit of Shawn P. Nickerson, Esq., sworn to February 4, 2014, the notice of motion with proof of service thereof, and the affidavit of Terry M. Sugrue, Esq., sworn to February 20, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, on the condition that appellant City of North Tonawanda perfects its appeal on or before March 17, 2014.

Entered: March 10, 2014

Frances E. Cafarell, Clerk