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

DOCKET NO. CA 18-01179
DOCKET NO. CA 18-01217

LONNIE DOTSON AND SONIA DOTSON, PLAINTIFFS-APPELLANTS, V PATRICK HARRINGTON, COMMUNITY SERVICE OFFICER FOR CITY OF SYRACUSE POLICE DEPARTMENT, GARY MIGUEL, CHIEF OF POLICE FOR CITY OF SYRACUSE, CITY OF SYRACUSE, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) SONIA DOTSON, PLAINTIFF-APPELLANT, V GARY MIGUEL, CHIEF OF POLICE FOR CITY OF SYRACUSE AND CITY OF SYRACUSE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellants having moved to withdraw the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on September 28, 2016 (appeal No. 1), and respondents' having cross-moved, pursuant to CPLR 5513 and 5501, to dismiss appeal No. 1 and the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 7, 2018 (appeal No. 2),

Now, upon reading and filing the affirmations of A.J. Bosman, Esq., dated September 10, 2018, and September 27, 2018, the affirmation of Janet D. Callahan, Esq., dated September 18, 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It is hereby ORDERED that appellants' motion is granted to the extent that appellants' appeal in appeal No. 1 is deemed withdrawn without prejudice, and

It is further ORDERED that respondents' motion is dismissed as moot insofar as it seeks to dismiss appeal No. 1, and

It is further ORDERED that respondents' motion is denied insofar as it seeks to dismiss the appeal from the judgment in appeal No. 2 without prejudice and leave to renew any arguments in support of or in opposition to this aspect of the motion at oral argument and in the parties' briefs.

Entered: October 17, 2018

Mark W. Bennett, Clerk