| GARY BACHMANN V CITY OF BUFFALO, BUFFALO PUBLIC SCHOOL DISTRICT, BUFFALO BOARD OF EDUCATION, CITY OF BUFFALO PUBLIC |
| Motion No: CA 15-01333 |
| Slip Opinion No: 2015 NY Slip Op 82095(U) |
| Decided on August 18, 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. |
PRESENT: SCUDDER, SMITH, CENTRA, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 15-01333
| GARY BACHMANN, PLAINTIFF-RESPONDENT, V CITY OF BUFFALO,
BUFFALO PUBLIC SCHOOL DISTRICT, BUFFALO BOARD OF EDUCATION, CITY OF BUFFALO PUBLIC SCHOOL #64, LPCIMINELLI CONSTRUCTION CORP., AND
LPCIMINELLI, INC., DEFENDANTS-APPELLANTS. |
Respondent 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 April 20, 2015, on the ground that appellants failed to perfect timely the appeal, and
Appellants having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Joseph J. Manna, Esq., sworn to July 30, 2015, the affidavit of Daniel P. Fletcher, Esq., sworn to August 14, 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 respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 16, 2015, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: August 18, 2015
Frances E. Cafarell, Clerk