| NICHOLAS L. VASSENELLI V CITY OF SYRACUSE, STEPHANIE A. MINER, IN HER INDIVIDUAL AND OFFICIAL CAPACITY AS MAYOR OF CITY |
| Motion No: CA 18-00955 |
| Slip Opinion No: 2018 NY Slip Op 75080(U) |
| Decided on June 8, 2018 |
| 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 18-00955
| NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT, V CITY OF SYRACUSE,
STEPHANIE A. MINER, IN HER INDIVIDUAL AND OFFICIAL CAPACITY AS MAYOR OF CITY OF SYRACUSE, FRANK L. FOWLER, IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY AS CHIEF OF POLICE FOR CITY OF SYRACUSE, JUDY CULETON, IN HER INDIVIDUAL AND OFFICIAL CAPACITY AS DIRECTOR OF
HUMAN RESOURCES DIVISION OF SYRACUSE POLICE DEPARTMENT, MATTHEW J. DRISCOLL, IN HIS INDIVIDUAL CAPACITY AS FORMER MAYOR OF
CITY OF SYRACUSE, GARY MIGUEL, IN HIS INDIVIDUAL CAPACITY AS FORMER CHIEF OF POLICE OF CITY FOR SYRACUSE, SERGEANT RICHARD PERRIN, IN
HIS INDIVIDUAL AND OFFICIAL CAPACITY, DAVID BARRETTE, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS DEPUTY CHIEF OF SYRACUSE POLICE
DEPARTMENT, SERGEANT MICHAEL MOUREY, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS EMPLOYEE IN CHARGE OF THE MEDICAL SECTION OF CITY
OF SYRACUSE POLICE DEPARTMENT, DEFENDANTS-RESPONDENTS, ET AL. DEFENDANTS. (ACTION NO. 1.) NICHOLAS L. VASSENELLI,
PLAINTIFF-APPELLANT, V CITY OF SYRACUSE, STEPHANIE A. MINER, IN HER INDIVIDUAL AND OFFICIAL CAPACITY AS MAYOR OF CITY OF
SYRACUSE, FRANK L. FOWLER, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS CHIEF OF POLICE FOR CITY OF SYRACUSE, SERGEANT MICHAEL MOUREY,
IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS EMPLOYEE IN CHARGE OF THE MEDICAL SECTION OF CITY OF SYRACUSE POLICE DEPARTMENT,
DEFENDANTS-RESPONDENTS, ET AL. DEFENDANTS. (ACTION NO. 2.) |
Respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 20, 2018, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Mary L. D'Agostino, Esq., dated May 23, 2018, the notice of motion with proof of service thereof, the affirmation of Robert A. Barrer, Esq., dated May 24, 2018, and the affirmation of A.J. Bosman, Esq., dated June 1, 2018, 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 August 7, 2018.
Entered: June 8, 2018
Mark W. Bennett, Clerk