| ALEXIS LUGO AND JOSE LUGO V TAWANA WYATT, AS THE ADMINISTRATRIX OF THE ESTATE OF INDIA CUMMINGS, DECEASED |
| Motion No: CA 17-02000 |
| Slip Opinion No: 2017 NY Slip Op 94778(U) |
| Decided on November 30, 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 17-02000
| ALEXIS LUGO AND JOSE LUGO, PLAINTIFFS-APPELLANTS, V TAWANA
WYATT, AS THE ADMINISTRATRIX OF THE ESTATE OF INDIA CUMMINGS, DECEASED, DEFENDANT. COUNTY OF ERIE, ERIE COUNTY HOLDING
CENTER, ERIE COUNTY SHERIFF'S OFFICE, CITY OF LACKAWANNA, AND LACKAWANNA POLICE DEPARTMENT,
RESPONDENTS-RESPONDENTS. |
Respondents City of Lackawanna and Lackawanna Police Deparmtent 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 June 23, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Donna L. Burden, Esq., dated November 7, 2017, the notice of motion with proof of service thereof, and the affirmation of Craig Z. Small, Esq., dated November 16, 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 January 29, 2018.
Entered: November 30, 2017
Mark W. Bennett, Clerk