| IN THE MATTER OF JAMES K. GLOGOWSKI V COUNTY OF ORLEANS, ORLEANS COUNTY DEPARTMENT OF HEALTH, PAUL A. PETTIT AND DAVID |
| Motion No: CA 16-00579 |
| Slip Opinion No: 2016 NY Slip Op 74064(U) |
| Decided on May 18, 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 16-00579
| IN THE MATTER OF JAMES K. GLOGOWSKI, PETITIONER-APPELLANT, V
COUNTY OF ORLEANS, ORLEANS COUNTY DEPARTMENT OF HEALTH, PAUL A. PETTIT AND DAVID G. WHITCROFT,
RESPONDENTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from a judgment (denominated "decision and order") of the Supreme Court entered in the Office of the Clerk of the County of Orleans on December 16, 2015, on the ground that appellant failed to serve timely the appeal, and appellant having cross-moved for relief under CPLR 5520 (a), deeming the notice of appeal to have been timely served,
Now, upon reading and filing the affirmations of Thomas M. Lewandowski, Esq., dated April 7, 2016, and April 21, 2016, the affirmation of Brian P. Riley, Esq., dated April 15, 2016, 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 respondents' motion insofar as it seeks to dismiss the appeal is denied, and
It is further ORDERED that appellant's cross motion is granted, and the appeal is deemed timely served as of February 24, 2016 (see CPLR 5520 [a]).
Entered: May 18, 2016
Frances E. Cafarell, Clerk