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 78207(U)
Decided on July 18, 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.


July 18, 2018

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, AND WINSLOW, JJ.)

DOCKET NO. CA 18-00955
DOCKET NO. CA 18-00985
DOCKET NO. CA 18-01031
DOCKET NO. CA 18-01074
DOCKET NO. CA 18-01081
DOCKET NO. CA 18-01082
DOCKET NO. CA 18-01083

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 AND OFFICIAL CAPACITY AS

FORMER MAYOR OF CITY OF SYRACUSE, GARY MIGUEL, IN HIS

INDIVIDUAL CAPACITY AS FORMER CHIEF OF POLICE OF CITY OF

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.)

(APPEAL NO. 1.)

NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT,

V

CITY OF SYRACUSE, ET AL, DEFENDANTS,

SHARON ERIKSSON, IN HER INDIVIDUAL CAPACITY AS

A FORMER AGENT OF THE CITY OF SYRACUSE, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)

NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT,

V

CITY OF SYRACUSE, ET AL., DEFENDANTS,

POMCO, INC. AND SHARON MILLER, DEFENDANTS-RESPONDENTS.

(ACTION NO. 1.)

NICHOLAS L. VASSENELLI, PLAINTIFF,

V

CITY OF SYRACUSE, ET AL., DEFENDANTS.

(ACTION NO. 2.)

(APPEAL NO. 3.)

NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT,

V

CITY OF SYRACUSE, ET AL., DEFENDANTS,

PMA MANAGEMENT CORP. AND CAROL WAHL,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 4.)

NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT,

V

CITY OF SYRACUSE, ET AL., DEFENDANTS,

POMCO, INC. AND SHARON MILLER, DEFENDANTS-RESPONDENTS.

(ACTION NO. 1.)

NICHOLAS L. VASSENELLI, PLAINTIFF,

V

CITY OF SYRACUSE, ET AL., DEFENDANTS.

(ACTION NO. 2.)

(APPEAL NO. 5.)

NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT,

V

CITY OF SYRACUSE, ET AL, DEFENDANTS,

SHARON ERIKSSON, IN HER INDIVIDUAL CAPACITY AS

A FORMER AGENT OF THE CITY OF SYRACUSE, DEFENDANT-RESPONDENT. (APPEAL NO. 6.)

NICHOLAS L. VASSENELLI, PLAINTIFF-APPELLANT,

V

CITY OF SYRACUSE, ET AL., DEFENDANTS,

PMA MANAGEMENT CORP. AND CAROL WAHL, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 7.)


Respondents Sharon Eriksson, POMCO, Inc., Sharon Miller, PMA Management Corp., and Carol Wahl having moved to dismiss the appeals taken from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 20, 2018, February 21, 2018, and February 27, 2018, and February 28, 2017 (appeal Nos. 2-7), on the ground that appellant failed to perfect timely the appeals, and appellant having cross-moved to consolidate the appeals taken herein from an order and judgment, orders, and judgments of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 20, 2018 (appeal Nos. 1-4), February 21, 2018 (appeal No. 5), February 27, 2018 (appeal No. 6), and February 28, 2018 (appeal No. 7),

Now, upon reading and filing the affirmation of Thomas P. Carafa, Esq., dated May 23, 2018, the affirmation of Robert A. Barrer, Esq., dated June 4, 2018, the affirmation of Daniel Y. Sohnen, Esq., dated May 31, 2018, and the affirmations of A. J. Bosman, Esq., dated June 12, 2018, and June 20, 2018, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the moving respondents' motions to dismiss are granted and appeal Nos. 2 - 7 are dismissed without further order unless the appeals are perfected on or before August 7, 2018, and

It is further ORDERED that appellant's cross motion is granted, and the appeals from the order and judgment, the orders, and the judgments entered February 20, 2018, February 21, 2018, February 27, 2018, and February 28, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: July 18, 2018

Mark W. Bennett, Clerk