| WILLIAM J. THYGESEN V NORTH BAILEY VOLUNTEER FIRE COMPANY, INC., WARREN G. HOLMES, INDIVIDUALLY AND IN HIS CAPACITY AS |
| Motion No: CA 16-00775 |
| Slip Opinion No: 2016 NY Slip Op 75238(U) |
| Decided on May 26, 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 16-00775
| WILLIAM J. THYGESEN, PLAINTIFF-APPELLANT, V NORTH BAILEY
VOLUNTEER FIRE COMPANY, INC., WARREN G. HOLMES, INDIVIDUALLY AND IN HIS CAPACITY AS PRESIDENT OF NORTH BAILEY VOLUNTEER FIRE
COMPANY, INC., DAVID HUMBERT, INDIVIDUALLY AND IN HIS CAPACITY AS FIRE CHIEF OF NORTH BAILEY VOLUNTEER FIRE COMPANY, INC., DANIEL
STROZYK, INDIVIDUALLY AND IN HIS CAPACITY AS INVESTIGATOR FOR NEW YORK STATE DIVISION OF STATE POLICE AND NEW YORK STATE
DIVISION OF STATE POLICE, DEFENDANTS-RESPONDENTS. |
Respondents North Bailey Volunteer Fire Company, Inc., Warren G. Holmes and David Humbert 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 Erie on February 9, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Colin D. Ramsey, Esq., sworn to May 6, 2016, the notice of motion with proof of service thereof, the affirmation of Rebecca M. Kujawa, Esq., dated May 18, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 25, 2016.
Entered: May 26, 2016
Frances E. Cafarell, Clerk