MARK A. LICCIARDI, INDIVIDUALLY AND AS A CITY OF ROCHESTER FIREFIGHTER V CITY OF ROCHESTER, CITY OF ROCHESTER FIRE

MARK A. LICCIARDI, INDIVIDUALLY AND AS A CITY OF ROCHESTER FIREFIGHTER V CITY OF ROCHESTER, CITY OF ROCHESTER FIRE

Motion No: CA 15-01548

Slip Opinion No: 2017 NY Slip Op 69123(U)

Decided on March 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.

March 30, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 15-01548

MARK A. LICCIARDI, INDIVIDUALLY AND AS A CITY OF ROCHESTER
FIREFIGHTER, PLAINTIFF-APPELLANT,
V
CITY OF ROCHESTER, CITY OF ROCHESTER FIRE DEPARTMENT,
JOHN CAUFIELD, INDIVIDUALLY AND AS CITY OF ROCHESTER FIRE
CHIEF, SALVATORE MITRANO, III, INDIVIDUALLY AND AS
EXECUTIVE DEPUTY CHIEF, MARTIN MCMILLIAN, INDIVIDUALLY AND
AS LINE DEPUTY FIRE CHIEF, RICHARD YACKEL, INDIVIDUALLY AND
AS BATTALION CHIEF, KEVIN CADY, INDIVIDUALLY AND AS A CITY
OF ROCHESTER FIRE LT, MAUREEN HOPE, INDIVIDUALLY AND AS
FIRE DEPARTMENT CASE MANAGER, AND SUSAN WALZ, INDIVIDUALLY
AND AS VICE PRINCIPAL OF NORTHSIDE ELEMENTARY SCHOOL
DISTRICT, DEFENDANTS-RESPONDENTS.

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 19, 2014,

Now, upon reading and filing the affirmation of Emmelyn Logan-Baldwin, Esq., dated March 8, 2017, and the affirmation of Leo G. Finucane, Esq., dated March 8, 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 denied as untimely pursuant to 22 NYCRR 1000.13 (g).

Entered: March 30, 2017

Frances E. Cafarell, Clerk