| RONALD L. HAWE V TODD DELMAR, INDIVIDUALLY AND AS AN EMPLOYEE OF OSWEGO COUNTY, I.E. OSWEGO COUNTY SHERIFF'S |
| Motion No: CA 16-00415 |
| Slip Opinion No: 2016 NY Slip Op 69530(U) |
| Decided on April 4, 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 16-00415
| RONALD L. HAWE, PLAINTIFF-APPELLANT, V TODD DELMAR,
INDIVIDUALLY AND AS AN EMPLOYEE OF OSWEGO COUNTY, I.E. OSWEGO COUNTY SHERIFF'S DEPARTMENT, OSWEGO COUNTY SHERIFF'S DEPARTMENT,
AND COUNTY OF OSWEGO, DEFENDANTS-RESPONDENTS. |
Respondents 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 Oswego on December 28, 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 affirmation of Christopher M. Militello, Esq., dated March 16, 2016, the affidavit of P. Michael Shanley, Esq., sworn to March 29, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 3, 2016, and
It is further ORDERED that appellant's cross motion is dismissed as unnecessary.
Entered: April 4, 2016
Frances E. Cafarell, Clerk