| DARNELLE BRADY AND RONALDO PARKER V CITY OF NORTH TONAWANDA ANTHONY D. REGALLA AND CSX TRANSPORTATION, INC. |
| Motion No: CA 17-01075 |
| Slip Opinion No: 2017 NY Slip Op 83812(U) |
| Decided on August 21, 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 17-01075
| DARNELLE BRADY AND RONALDO PARKER, PLAINTIFFS-APPELLANTS, V
CITY OF NORTH TONAWANDA, DEFENDANT-RESPONDENT, ANTHONY D. REGALLA, DEFENDANT-APPELLANT, AND CSX TRANSPORTATION, INC.,
DEFENDANT-RESPONDENT. |
Respondents having moved to dismiss plaintiffs-appellants' appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 31, 2017, on the ground that appellant failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of Shannon B. O'Neill, Esq., dated August 2, 2017, the affirmation of Erik A. Goergen, Esq., dated August 11, 2017, the notice of motion with proof of service thereof, and the affirmation of Timothy M. Hudson, Esq., sworn to August 16, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted insofar as they seek to dismiss the appeal for failure to perfect timely the appeal of Darnelle Brady and Ronald Parker, and the appeal is dismissed without further order unless that appeal is perfected on or before October 20, 2017.
Entered: August 21, 2017
Frances E. Cafarell, Clerk