| HENRY J. WATERMAN, JR. V CITY OF ROCHESTER AND DAVID J. BAGLEY, II |
| Motion No: CA 17-00114 |
| Slip Opinion No: 2017 NY Slip Op 62582(U) |
| Decided on January 30, 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., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 17-00114
| HENRY J. WATERMAN, JR., PLAINTIFF-RESPONDENT, V CITY OF
ROCHESTER AND DAVID J. BAGLEY, II, DEFENDANTS-APPELLANTS. |
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 July 27, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of K. John Wright, Esq., dated January 16, 2017, the notice of motion with proof of service thereof, and the affirmation of Spencer L. Ash, Esq., dated January 17, 2017, 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 March 31, 2017.
Entered: January 30, 2017
Frances E. Cafarell, Clerk