| ROBERT M. HOLLISTER V FAIRMOUNT FIRE DEPARTMENT |
| Motion No: CA 16-00936 |
| Slip Opinion No: 2016 NY Slip Op 78312(U) |
| Decided on June 27, 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 16-00936
| ROBERT M. HOLLISTER, PLAINTIFF-RESPONDENT, V FAIRMOUNT FIRE
DEPARTMENT, DEFENDANT-APPELLANT. |
Respondent 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 Onondaga on January 25, 2016, 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 affidavit of Phillip D. Dysert, Esq., sworn to May 31, 2016, the affidavit of Steven C. Shahan, Esq., sworn to June 17, 2016, and the notice of motion with proof of service thereof, 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 26, 2016, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: June 27, 2016
Frances E. Cafarell, Clerk