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

DOCKET NO. CA 15-01004

NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT, V CITY OF SYRACUSE, STEPHANIE A. MINER, IN HER INDIVIDUAL AND OFFICIAL CAPACITY AS MAYOR OF CITY OF SYRACUSE, FRANK L. FOWLER, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS CHIEF OF POLICE FOR CITY OF SYRACUSE, JUDY CULETON, IN HER INDIVIDUAL CAPACITY AS FORMER DIRECTOR OF THE HUMAN RESOURCE DIVISION OF SYRACUSE POLICE DEPARTMENT, MATTHEW DRISCOLL, IN HIS INDIVIDUAL CAPACITY AS FORMER MAYOR OF CITY OF SYRACUSE, GARY MIGUEL, IN HIS INDIVIDUAL CAPACITY AS FORMER CHIEF OF POLICE FOR CITY OF SYRACUSE, SERGEANT RICHARD PERRIN, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY, POMCO GROUP ALSO KNOWN AS POMCO, INC, INDIVIDUALLY AND AS AN AGENT OF CITY OF SYRACUSE, SHARON MILLER, IN HER INDIVIDUAL CAPACITY AS A FORMER AGENT OF CITY OF SYRACUSE AND SHARON ERIKSSON, IN HER INDIVIDUAL CAPACITY AS A FORMER AGENT OF CITY OF SYRACUSE, DAVID BARRETTE, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS A DEPUTY CHIEF OF THE CITY OF SYRACUSE POLICE DEPARTMENT, SERGEANT MICHAEL MOUREY, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS THE EMPLOYEE IN CHARGE OF THE MEDICAL SECTION OF THE CITY OF SYRACUSE POLICE DEPARTMENT, PMA MANAGEMENT CORP., CAROL WAHL, ET AL., DEFENDANTS-RESPONDENTS.

Respondents POMCO, Inc. and Sharon Miller 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 Onondaga on March 4, 2015, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Robert A. Barrer, Esq., sworn to June 5, 2015, and the notice of motion with proof of service thereof, and the affirmation of A.J. Boseman, Esq., dated June 26, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before August 31, 2015.

Entered: June 30, 2015

Frances E. Cafarell, Clerk