Randall Fisher v the City of New York Detective Dionisio Solis Shield No. 5127 the New York City Police Dept.

Motion No: M-8471

Slip Opinion No: 2020 NYSlipOp 62053(U)

Decided on February 4, 2020

Appellate Division, First 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.

February 4, 2020

Randall Fisher,

Plaintiff-Appellant,

v

The City of New York, Detective Dionisio Solis, Shield No. 5127,

The New York City Police Dept.

and John Does 1-20 (representing unknown

supervisors),

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about June 24, 2016, And plaintiff-appellant having moved, pro se, for an extension of time to perfect the appeal, for leave to prosecute said appeal as a poor person, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief (M-8740),And defendants-respondents having cross-moved to dismiss the appeal as untimely [CPLR 5513](M-8741), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that plaintiff-appellant's motion is denied in its entirety and sua sponte, the appeal is dismissed for failure to timely perfect (M-8740). Defendants-respondents' cross motion to dismiss the appeal as untimely is denied as academic (M-8471). ENTERED: February 4, 2020

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels,Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Ellen Gesmer, Justices

M-8471

M-8740

Index No. 307415/12