DANNY P. DUNN, SR. AND ANITA L. DUNN V COUNTY OF NIAGARA RUSSELL JACKMAN, FOURTH DISTRICT NIAGARA COUNTY CORONER
Motion No: CA 17-02146
Slip Opinion No: 2017 NY Slip Op 96280(U)
Decided on December 19, 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.


December 19, 2017

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

DOCKET NO. CA 17-02146

DANNY P. DUNN, SR. AND ANITA L. DUNN,

PLAINTIFFS-APPELLANTS,

V

COUNTY OF NIAGARA, DEFENDANT-RESPONDENT,

RUSSELL JACKMAN, FOURTH DISTRICT NIAGARA COUNTY CORONER,

RUSSELL JACKMAN, INDIVIDUALLY, DEFENDANT-APPELLANT, ET

AL., DEFENDANTS.


Respondent having moved to dismiss the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 1, 2017, on the ground that appellants failed to perfect timely the appeals,

Now, upon reading and filing the affirmation of Shannon B. O'Neill, Esq., dated December 7, 2017, the notice of motion with proof of service thereof, the affirmation of Michael J. Dowd, Esq., dated December 14, 2017, and the affidavit of Michael T. Coutu, Esq., sworn to December 15, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeals are dismissed without further order unless the appeals are perfected on or before February 20, 2018.

Entered: December 19, 2017

Mark W. Bennett, Clerk