| DALE SEXTON, CLAIMANT- V CLYMER VOLUNTEER FIRE DEPARTMENT AND CLYMER VOLUNTEER FIRE COMPANY, INC. |
| Motion No: CA 14-01875 |
| Slip Opinion No: 2014 NY Slip Op 91667(U) |
| Decided on December 2, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-01875
| DALE SEXTON, CLAIMANT-RESPONDENT, V CLYMER
VOLUNTEER FIRE DEPARTMENT AND CLYMER VOLUNTEER FIRE COMPANY, INC.,
DEFENDANTS-APPELLANTS. |
Appellants having moved for an extension of time to cure defects in the notice of appeal for the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on July 17, 2014,
Now, upon reading and filing the affirmation of Carlton K. Brownell, III, Esq., received October 20, 2014, 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 granted to the extent that the notice of appeal inaccurately describing the appeal as being taken from an order entered July 29, 2014, under Index No. K12014-544 is deemed a valid appeal from the order entered July 17, 2014, under Index No. K1-2014-00503 (see CPLR 5520 [c]).
Entered: December 2, 2014
Frances E. Cafarell, Clerk