| PAT J. BOMBARD V STEPHEN A. ROGERS, EDITOR AND PUBLISHER OF THE POST STANDARD, HERALD JOURNAL, HERALD AMERICAN AND FOR |
| Motion No: CA 17-00025 |
| Slip Opinion No: 2017 NY Slip Op 61464(U) |
| Decided on January 19, 2017 |
| 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 17-00025
| PAT J. BOMBARD, PLAINTIFF-APPELLANT, V STEPHEN A. ROGERS, EDITOR
AND PUBLISHER OF THE POST STANDARD, HERALD JOURNAL, HERALD AMERICAN AND FOR THE HERALD PUBLISHING COMPANY, LLC ALSO KNOWN AS
SYRACUSE MEDIA GROUP, TIM KENNEDY, PRESIDENT OF SYRACUSE MEDIA AND SYRACUSE.COM, DOUGLAS DOWTY AND CATIE O'TOOLE,
REPORTERS FOR THE POST STANDARD, HERALD JOURNAL, HERALD AMERICAN AND THE HERALD PUBLISHING COMPANY, LLC ALSO KNOWN AS
SYRACUSE MEDIA GROUP AND SYRACUSE.COM AND DENNIS NETT, PHOTOGRAPHER FOR THE POST STANDARD, HERALD JOURNAL, HERALD AMERICAN
AND HERALD PUBLISHING COMPANY, LLC ALSO KNOWN AS SYRACUSE MEDIA GROUP AND SYRACUSE.COM,
DEFENDANTS-RESPONDENTS. |
Respondents having moved, pursuant to 5513 (a), to dismiss the appeal as untimely taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 28, 2016,
Now, upon reading and filing the affirmation of Liza R. Magley, Esq., dated January 4, 2017, 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 on the ground that it was untimely taken (see CPLR 5513 [a], [d]; 2103 [b] [2]).
Entered: January 19, 2017
Frances E. Cafarell, Clerk