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

DOCKET NO. CA 16-01603

IN THE MATTER OF YOUSIF KARAMALLA, PETITIONER-PLAINTIFF-RESPONDENT, V SHARON DEVINE, AS EXECUTIVE DEPUTY COMMISSIONER OF THE NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND AL DIRSCHBERGER, AS COMMISSIONER OF ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENTS-DEFENDANTS-APPELLANTS.

Appellant Sharon Devine, as Executive Deputy Commission of the New York State Office of Temporary and Disability Assistance having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 5, 2016, and petitioners having cross-moved to dismiss the appeal for failure to perfect timely the appeal with respect to appellant Sharon Devine, as Executive Deputy Commission of the New York State Office of Temporary and Disability Assistance and for other relief,

Now, upon reading and filing the affirmations of Joseph M. Spadola, Esq., dated May 1, 2017, and May 12, 2017, the affirmation of Barbara Weiner, Esq., dated May 10, 2017, the statement of Susan Antos, Esq., dated May 10, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant Sharon Devine's motion is granted, and appellant Sharon Devine shall perfect the appeal on or before June 27, 2017, and, in the event of failure to so perfect, the appeal as it relates to Sharon Devine is hereby dismissed without further order, and

It is further ORDERED that petitioner's cross motion with respect to appellant Sharon Devine, as Executive Deputy Commission of the New York State Office of Temporary and Disability Assistance is denied.

Entered: May 15, 2017

Frances E. Cafarell, Clerk