JEFFREY RICE V CITY OF BUFFALO, BUFFALO FIRE DEPARTMENT, TIMOTHY M. FITZPATRICK, JR. PETER B. NICLEY (ACTION NO. 1.)
Motion No: CA 15-02090
Slip Opinion No: 2015 NY Slip Op 95225(U)
Decided on December 29, 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.


December 29, 2015

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

DOCKET NO. CA 15-02090

JEFFREY RICE, PETITIONER-APPELLANT,

V

CITY OF BUFFALO, BUFFALO FIRE DEPARTMENT, TIMOTHY M.

FITZPATRICK, JR., DEFENDANTS-RESPONDENTS, PETER B. NICLEY,

DEFENDANT.

(ACTION NO. 1.)

JAMES FELIX OLIVER, PLAINTIFF-APPELLANT.

V

CITY OF BUFFALO AND PETER B. NICELY,

DEFENDANTS-RESPONDENTS.

(ACTION NO. 2.)

PETER NICELY, PLAINTIFF,

V

CITY OF BUFFALO, ET AL., DEFENDANTS.

(ACTION NO. 3.)


Appellant James Felix Oliver having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 4, 2015,

Now, upon reading and filing the affirmation of Roland M. Cercone, Esq., dated December 11, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and appellant James Felix Oliver shall perfect the appeal on or before February 11, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 29, 2015

Frances E. Cafarell, Clerk