| MICHAEL J. REW V NIAGARA COUNTY SHERIFF THOMAS A. BEILEIN AND NIAGARA COUNTY SHERIFF'S DEPUTY CORY DIEZ |
| Motion No: CA 16-00829 |
| Slip Opinion No: 2016 NY Slip Op 76089(U) |
| Decided on June 7, 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, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-00829
| MICHAEL J. REW, PLAINTIFF-APPELLANT, V NIAGARA COUNTY SHERIFF
THOMAS A. BEILEIN AND NIAGARA COUNTY SHERIFF'S DEPUTY CORY DIEZ, 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 Niagara on January 12, 2016, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Elizabeth M. Bergen, Esq., sworn to May 16, 2016, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to May 25, 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 August 8, 2016.
Entered: June 7, 2016
Frances E. Cafarell, Clerk