JEFFREY RICE V CITY OF BUFFALO, BUFFALO FIRE DEPARTMENT, TIMOTHY M. FITZPATRICK, JR. PETER B. NICELY (ACTION NO. 1.)
Motion No: CA 15-02090
Slip Opinion No: 2016 NY Slip Op 60557(U)
Decided on January 5, 2016
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.


January 5, 2016

PRESENT: SMITH, A.P.J., CENTRA, CARNI, LINDLEY, AND WHALEN, 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. NICELY, 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 Jeffrey Rice having moved for an extension of time to perfect the appeal taken herein from an order 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 affidavit of John A. Collins, Esq., sworn to December 22, 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 Jeffrey Rice shall perfect the appeal on or before March 4, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: January 5, 2016

Frances E. Cafarell, Clerk