KIMBERLY LAWTON, CLAIMANT- V TOWN OF ORCHARD PARK AND ORCHARD PARK POLICE DEPARTMENT
Motion No: CA 15-00963
Slip Opinion No: 2015 NY Slip Op 77327(U)
Decided on June 24, 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.


June 24, 2015

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

DOCKET NO. CA 15-00963

KIMBERLY LAWTON, CLAIMANT-APPELLANT,

V

TOWN OF ORCHARD PARK AND ORCHARD PARK POLICE DEPARTMENT,

RESPONDENTS-RESPONDENTS.


Respondents 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 November 14, 2014, on the ground that appellant failed to perfect timely the appeal, and for other relief,

Now, upon reading and filing the affirmation of Nicholas J. DiCesare, Esq., dated June 2, 2015, the notice of motion with proof of service thereof, and the affirmation of Allison M. Bozinski, Esq., dated June 18, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks dismissal of the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before August 24, 2015, and

It is further ORDERED that the motion is otherwise denied.

Entered: June 24, 2015

Frances E. Cafarell, Clerk