| ROXANNE WILLIAMS, INDIVIDUALLY, AS ADMINISTRATRIX OF THE ESTATE OF HAYDEN BLACKMAN, DECEASED, AND AS PARENT OF INFANT |
| Motion No: CA 16-01211 |
| Slip Opinion No: 2016 NY Slip Op 82138(U) |
| Decided on August 10, 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 16-01211
| ROXANNE WILLIAMS, INDIVIDUALLY, AS ADMINISTRATRIX OF THE ESTATE OF
HAYDEN BLACKMAN, DECEASED, AND AS PARENT OF INFANT T.R., PLAINTIFF-RESPONDENT, V CITY OF ROCHESTER, ET AL.,
DEFENDANTS. COUNTY OF MONROE, 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 Monroe on February 2, 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 affirmations of E. Robert Fussell, Esq., dated July 13, 2016, and August 5, 2016, the affirmation of Mallorie C. Rulison, Esq., dated August 1, 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 respondent's motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before October 6, 2016, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: August 10, 2016
Frances E. Cafarell, Clerk