| TIMOTHY H. WRIGHT V CITY OF JAMESTOWN AND CITY OF JAMESTOWN POLICE DEPARTMENT |
| Motion No: CA 16-00288 |
| Slip Opinion No: 2016 NY Slip Op 66705(U) |
| Decided on March 8, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00288
| TIMOTHY H. WRIGHT, PLAINTIFF-RESPONDENT, V CITY OF JAMESTOWN
AND CITY OF JAMESTOWN POLICE DEPARTMENT, DEFENDANTS-APPELLANTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on January 8, 2015,
Now, upon reading and filing the affidavit of Marilyn Fiore-Lehman, Esq., sworn to February 16, 2016, the notice of motion with proof of service thereof, and the affirmation of Michael W. Macomber, Esq., dated February 29, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is denied, with leave to renew upon timely filing and serving a new motion that includes an affidavit setting forth sufficient facts to demonstrate a meritorious appeal (see 22 NYCRR 1000.13 [g]).
Entered: March 8, 2016
Frances E. Cafarell, Clerk