| ZOLTAN SZALAY AND DEBRA SZALAY V TOWN OF WEBSTER POLICE DEPARTMENT TOWN OF WEBSTER POLICE OFFICER SCOTT SMITH |
| Motion No: CA 15-02096 |
| Slip Opinion No: 2015 NY Slip Op 95226(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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-02096
| ZOLTAN SZALAY AND DEBRA SZALAY, PLAINTIFFS-APPELLANTS, V
TOWN OF WEBSTER POLICE DEPARTMENT, ET AL., TOWN OF WEBSTER POLICE OFFICER SCOTT SMITH,
DEFENDANTS-RESPONDENTS. |
Appellants having moved for an extension of time to perfect the appeal taken herein from order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 12, 2015, and respondents having cross-moved to dismiss the appeal for failure to timely perfect,
Now, upon reading and filing the affidavit of Zoltan Szalay and Debra Szalay sworn to November 23, 2015, the affirmation of Brenna C. Gubola, Esq., dated December 18, 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 the notice of appeal dated August 16, 2015, is deemed to be taken from the order dated July 9, 2015, and entered August 12, 2015, and
It is further ORDERED that appellants motion is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that respondents' cross motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 29, 2016.
Entered: December 29, 2015
Frances E. Cafarell, Clerk