| NOAH J. GIUSIANA V CITY OF BUFFALO, BUFFALO POLICE DEPARTMENT AND JANE AND/OR JOHN DOE #1-6 |
| Motion No: CA 21-00277 |
| Slip Opinion No: 2021 NY Slip Op 70614(U) |
| Decided on August 18, 2021 |
| 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.
CA 21-00277
| NOAH J. GIUSIANA, PLAINTIFF-RESPONDENT, V CITY OF
BUFFALO, BUFFALO POLICE DEPARTMENT AND JANE AND/OR JOHN DOE #1-6, DEFENDANTS-APPELLANTS. |
Defendants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered February 16, 2021, to extend the time to perfect the appeal, and to correct the date on the notice of appeal,
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 granted insofar as it seeks to correct the date on the notice of appeal, which is hereby deemed to be February 19, 2021, and
It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal, and
It is further ORDERED that the motion insofar as it seeks to extend the time to perfect the appeal is granted, the time to perfect the appeal is extended to October 18, 2021, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: August 18, 2021
Mark W. Bennett
Clerk of the Court