| DENZEL COSTON V CITY OF BUFFALO, CITY OF BUFFALO POLICE DEPARTMENT, ADAM M. WIGDORSKI |
| Motion No: CA 17-01231 |
| Slip Opinion No: 2017 NY Slip Op 80370(U) |
| Decided on July 17, 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 17-01231
| DENZEL COSTON, PLAINTIFF-RESPONDENT, V CITY OF BUFFALO, CITY OF
BUFFALO POLICE DEPARTMENT, ADAM M. WIGDORSKI, 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 Erie on April 17, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Ellen B. Sturm, Esq., sworn to June 29, 2017, the notice of motion with proof of service thereof, and the affirmation of David M. Lee, Esq., dated July 3, 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 September 15, 2017.
Entered: July 17, 2017
Frances E. Cafarell, Clerk