IN THE MATTER OF CHARLIE MIXON V GREGORY G. WICKETT, CHIEF OF POLICE, DEPARTMENT OF POLICE, TOWN OF HAMBURG
Motion No: CA 18-02033
Slip Opinion No: 2019 NY Slip Op 67229(U)
Decided on April 1, 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.


April 1, 2019

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

DOCKET NO. CA 18-02033

IN THE MATTER OF CHARLIE MIXON, PETITIONER-APPELLANT,

V

GREGORY G. WICKETT, CHIEF OF POLICE, DEPARTMENT OF POLICE,

TOWN OF HAMBURG, RESPONDENT-RESPONDENT.


Appellant having moved for permission to perfect the appeal without an executed stipulation between the parties or an order of the trial court settling the record on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on September 19, 2018, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to a motion to settle the record in Supreme Court (see 22 NYCRR 1000.7 [b]; Stewart v Soda, 239 AD2d 966 [4th Dept 1997]).

Entered: April 1, 2019

Mark W. Bennett, Clerk