JEROME S. DENNIS V CLARKE E. MASSEY, NIAGARA FRONTIER TRANSPORTATION AUTHORITY, NFTA METRO BUS, NFT METRO SYSTEM, INC.
Motion No: NOS. CA 14-01184 AND CA 14-01185
Slip Opinion No: 2015 NY Slip Op 62465(U)
Decided on January 26, 2015
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.


January 26, 2015

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NOS. CA 14-01184 AND CA 14-01185

JEROME S. DENNIS, PLAINTIFF-APPELLANT,

V

CLARKE E. MASSEY, NIAGARA FRONTIER TRANSPORTATION

AUTHORITY, NFTA METRO BUS, NFT METRO SYSTEM, INC. ALSO

KNOWN AS NIAGARA FRONTIER TRANSIT METRO SYSTEM, INC.,

DEFENDANTS-RESPONDENTS.


Appellant having moved for an extension of time to perfect the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 25, 2014, and May 8, 2014, and

Respondents having cross-moved to dismiss those appeals for failure to perfect them timely, and having moved for other relief,

Now, upon reading and filing the affidavits of Tina M. Kasperek, Esq., sworn to December 29, 2014, and January 15, 2015, the affirmation of Vicky-Marie J. Brunette, Esq., dated January 12, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant shall perfect the appeals on or before March 23, 2015, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the cross motion is dismissed.

Entered: January 26, 2015

Frances E. Cafarell, Clerk