| DONALD C. LILLY ALSO KNOWN AS DON LILLY V TOWN OF TRENTON, JOSEPH E. SMITH, SUPERVISOR TOWN OF TRENTON, JOSEPH E. |
| Motion No: CA 18-02120 |
| Slip Opinion No: 2018 NY Slip Op 89304(U) |
| Decided on November 20, 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 18-02120
| DONALD C. LILLY ALSO KNOWN AS DON LILLY, PLAINTIFF-APPELLANT,
V TOWN OF TRENTON, JOSEPH E. SMITH, SUPERVISOR TOWN OF TRENTON, JOSEPH E. SMITH, INDIVIDUALLY, FRANCES J. RIGHI, KEVIN PINKOS,
MARY ZACEK, NICHOLAS DELAWARE, AND WANDA J. POCZATEK, AS TRUSTEES OF "THE THOMAS MEMORIAL FUND FOR THE EDUCATION OF PROSPECT
YOUTH", DEFENDANTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on February 14, 2018,
Now, upon reading and filing the affidavit of Anthony G. Hallak, Esq., sworn to November 7, 2018, the notice of motion with proof of service thereof, and the affidavit of Thomas P. Hughes, Esq., sworn to November 13, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1250.10 [c]).
Entered: November 20, 2018
Mark W. Bennett, Clerk