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

DOCKET NO. CA 18-00166

RICHARD REGAN, PLAINTIFF-APPELLANT, V CITY OF HORNELL, SHAWN HOGAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, ET AL., DEFENDANTS-RESPONDENTS.

Respondents having moved to dismiss that part of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 1, 2017, which seeks to raise issues from a prior appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 9, 2014, on the grounds that appellant failed to perfect the earlier appeal, and appellant having cross-moved to vacate the dismissal of the appeal taken from the order entered December 9, 2014,

Now, upon reading and filing the affirmation of Thomas P. Cunningham, Esq., dated January 29, 2018, the affirmation of A.J. Bosman, Esq, dated February 14, 2018, 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 respondents' motion insofar as it seeks to dismiss that part of the appeal taken herein from an order entered December 1, 2017, is denied without prejudice and leave to renew any arguments in support of or in opposition to the motion in the parties' briefs and at oral argument, and

It is further ORDERED that plaintiff's cross motion insofar as it seeks to vacate dismissal of the appeal taken from an order entered December 9, 2014, is dismissed as untimely (see 22 NYCRR 1000.13 [g]).

Entered: February 26, 2018

Mark W. Bennett, Clerk