| JESSIE ANDERSON V CITY OF UTICA |
| Motion No: CA 15-01769 |
| Slip Opinion No: 2015 NY Slip Op 89055(U) |
| Decided on October 28, 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, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01769
| JESSIE ANDERSON, PLAINTIFF-APPELLANT, V CITY OF UTICA,
DEFENDANT-RESPONDENT. |
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 Oneida on July 9, 2015, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,
Now, upon reading and filing the affidavit of Elizabeth A. Hoffman, Esq., sworn to October 15, 2015, the affidavit of Lawrence W. Golden, Esq., sworn to October 22, 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 respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 28, 2015, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: October 28, 2015
Frances E. Cafarell, Clerk