IN THE MATTER OF KIMBERLY PRZEPIORA V TIMOTHY HOWARD, AS ERIE COUNTY SHERIFF, JOHN A. ANTHONY, AS CHIEF, ADMINISTRATION
Motion No: CA 14-00552
Slip Opinion No: 2014 NY Slip Op 69654(U)
Decided on April 16, 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.


April 16, 2014

DOCKET NO. CA 14-00552

IN THE MATTER OF KIMBERLY PRZEPIORA, PETITIONER-RESPONDENT,

V

TIMOTHY HOWARD, AS ERIE COUNTY SHERIFF, JOHN A. ANTHONY, AS

CHIEF, ADMINISTRATION SERVICES, THOMAS J. DIINA, AS ACTING

SUPERINTENDENT OF THE JAIL MANAGEMENT DIVISION, JOHN

RODRIGUEZ, AS FIRST DEPUTY SUPERINTENDENT OF THE JAIL

MANAGEMENT DIVISION, ERIE COUNTY CORRECTIONAL FACILITY, AND

COUNTY OF ERIE, RESPONDENTS-APPELLANTS.


Petitioner having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 20, 2013, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Diane M. Perri Roberts, Esq., sworn to March 25, 2014, the notice of motion with proof of service thereof, and the statement of Anthony B. Targia, Esq., dated March 26, 2014,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.

Entered: April 16, 2014

Frances E. Cafarell, Clerk