| NEW YORK STATE LAW ENFORCEMENT OFFICERS UNION, COUNCIL 82, AFSCME, AFL-CIO, LOCAL 3471, STEVE VINE, AS PRESIDENT OF |
| Motion No: CA 22-01158 |
| Slip Opinion No: 2022 NY Slip Op 73423(U) |
| Decided on October 18, 2022 |
| 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 LINDLEY, JJ.
CA 22-01158
| NEW YORK STATE LAW ENFORCEMENT OFFICERS
UNION, COUNCIL 82, AFSCME, AFL-CIO, LOCAL 3471, STEVE VINE, AS PRESIDENT OF LOCAL 3471, RANDALL GRENIER, JR., AND DANIEL
HICKEY, PLAINTIFFS-RESPONDENTS, V CITY OF GENEVA, ET AL. DEFENDANTS, JESSICA FARRELL, THERESA
JOHNSON, CHARLES KING, AMARIS ELLIOTT-ENGEL, AHMAD WHITFIELD, WIL WOLF, AND CARRIE CORRON, AS MEMBERS OF FORMER
GENEVA POLICE REVIEW BOARD, APPELLANTS. (APPEAL NO. 1) |
Defendants having moved to dismiss the appeal taken herein from an order of the Supreme Court, Ontario County, entered April 11, 2022, on the ground that the proposed intervenor appellants are not aggrieved parties pursuant to CPLR 5511,
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 and the appeal is dismissed without prejudice to this Court's disposition of appeal No. 2 (CA 22-01159)(see CPLR 5511; MTGLQ Invs., L.P. v Noftell, 204 AD3d 786, 787 [2d Dept. 2022]; Romeo v NYS Dep't of Education, 39 AD3d 916, 918 [3d Dept. 2007]; Tower Ins. Co. of N.Y. v Skate Key, 273 AD2d 158, 158 [1st Dept 2000]).
Entered: October 18, 2022
Ann Dillon Flynn
Clerk of the Court