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: 2019 NY Slip Op 62494(U)
Decided on January 18, 2019
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.


January 18, 2019

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND NEMOYER, 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.

(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 GROUP, ALSO KNOWN AS POMCO, INC. AND SHARON MILLER,

DEFENDANTS-RESPONDENTS.

(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 City of Syracuse, Stephanie A. Miner, Frank L. Fowler, Judy Culeton, Matthew J. Driscoll, Gary Miguel, Richard Perrin, David Barrette, Michael Mourey, Sharon Eriksson, POMCO, Inc., and Sharon Miller having applied for an extension of time to file and serve a respondents' briefs on the appeals taken herein 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,

Now, upon reading and filing the statements of Daniel R. Rose, Esq., dated January 10, 2019, Mary Louise Conrow, Esq., dated January 14, 2019, and Robert Barrer, Esq., dated January 14, 2019, and due deliberation having been had thereon,

It is hereby ORDERED that the applications are granted on the condition that briefs of respondents City of Syracuse, Stephanie A. Miner, Frank L. Fowler, Judy Culeton, Matthew J. Driscoll, Gary Miguel, Richard Perrin, David Barrette, Michael Mourey, Sharon Eriksson, POMCO, Inc., and Sharon Miller are filed and served on or before March 8, 2019, and the Clerk is directed to accept the briefs for filing.

Entered: January 18, 2019

Mark W. Bennett, Clerk