PATRICIA CURTO V TOWN OF ORCHARD PARK, ORCHARD PARK POLICE DEPARTMENT, ORCHARD PARK POLICE OFFICER A. KOWALSKI, ORCHARD
Motion No: CA 17-00711
Slip Opinion No: 2017 NY Slip Op 71967(U)
Decided on April 24, 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.


April 24, 2017

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

DOCKET NO. CA 17-00711

PATRICIA CURTO, PLAINTIFF-APPELLANT,

V

TOWN OF ORCHARD PARK, ORCHARD PARK POLICE DEPARTMENT,

ORCHARD PARK POLICE OFFICER A. KOWALSKI, ORCHARD PARK

POLICE OFFICER R. SIMMONS, ORCHARD PARK POLICE OFFICER

J. CULLEN, REMY ORFFEO, DEFENDANTS-RESPONDENTS,

ET AL. DEFENDANTS.


Respondents 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 Erie on December 12, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Kimberly A. Colaiacovo, Esq., dated April 10, 2017, the notice of motion with proof of service thereof, and the affidavit of Patricia Curto, Esq., sworn to April 19, 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 June 23, 2017.

Entered: April 24, 2017

Frances E. Cafarell, Clerk