| DANNY P. DUNN, SR. AND ANITA L. DUNN V COUNTY OF NIAGARA RUSSELL JACKMAN, FOURTH DISTRICT NIAGARA COUNTY CORONER, AND |
| Motion No: CA 17-00801 |
| Slip Opinion No: 2017 NY Slip Op 73481(U) |
| Decided on May 9, 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 17-00801
| DANNY P. DUNN, SR. AND ANITA L. DUNN, PLAINTIFFS, V COUNTY OF
NIAGARA, DEFENDANT-APPELLANT, RUSSELL JACKMAN, FOURTH DISTRICT NIAGARA COUNTY CORONER, AND RUSSELL JACKMAN, INDIVIDUALLY,
DEFENDANT-RESPONDENT, ET AL., DEFENDANTS. |
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 Niagara on January 10, 2017, on the ground that appellant failed to perfect timely the appeal, and having moved for other relief,
Now, upon reading and filing the affidavit of Michael T. Coutu, Esq., sworn to April 25, 2017, the notice of motion with proof of service thereof, and the affirmation of Charles E. Graney, Esq., dated May 3, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before July 10, 2017, and the motion is otherwise denied.
Entered: May 9, 2017
Frances E. Cafarell, Clerk