PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.

DOCKET NO. CA 16-00480

ROBERT S. WEICHERT, PLAINTIFF-APPELLANT, V VILLAGE OF PARISH, GEORGE BENNETT, JR., KATHRYN PERKINS, NEIL CHATTERTON, DOUGLAS HOUGHTON, SCOTT ALLARDICE, LUZ MARINA ZENDER, DEFENDANTS-RESPONDENTS.

Robert M. Weichert, on behalf of appellant, having moved for a stay of all proceedings pending in Supreme Court, Oswego County under the Index Number 2015-205 pursuant to New York State Military Law § 304, for this Court to require the respondents to post a bond, and for assignment of counsel in the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Oswego October 14, 2015, and respondents having cross-moved to dismiss the appeal on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Robert M. Weichert sworn to March 14, 2016, 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' cross motion insofar as it seeks to dismiss the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 18, 2016, and

It is further ORDERED that the motion on behalf of appellant insofar as it seeks assignment of counsel is denied, and

It is further ORDERED that the motion on behalf of appellant insofar as it seeks a stay of proceedings in Supreme Court under Index No. 2015-205 is denied, and

It is further ORDERED that the motion on behalf of appellant is otherwise denied.

Memorandum: The motion failed to set forth facts to demonstrate appellant's ability to prosecute this action is materially affected by reason of his military service. Therefore, we

decline to exercise our discretion to grant a stay pursuant to Military Law § 304. In addition, assignment of counsel is not available.

Entered: May 18, 2016

Frances E. Cafarell, Clerk