| DAN CUNNINGHAM AND DAVID WAHL, ON BEHALF OF THEMSELVES AND OTHERS SIMILARLY SITUATED V CITY OF BUFFALO |
| Motion No: CA 18-00999 |
| Slip Opinion No: 2018 NY Slip Op 75792(U) |
| Decided on June 19, 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. |
DOCKET NO. CA 18-00999
| DAN CUNNINGHAM AND DAVID WAHL, ON BEHALF OF THEMSELVES AND
OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, V CITY OF BUFFALO, DEFENDANT-APPELLANT. |
Respondents 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 February 23, 2018, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Candace Morrison, Esq., dated May 30, 2018, the statement of Candace Morrison, Esq., dated June 1, 2018, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: June 19, 2018
Mark W. Bennett, Clerk