| MICHAEL ROSE, AS ADMINISTRATOR OF THE ESTATE OF JESSIE ROSE, DECEASED, AND INDIVIDUALLY AS FATHER OF JESSIE ROSE V ANTHONY ELLIS AND CITY OF UTICA |
| Motion No: CA 22-01751 |
| Slip Opinion No: 2023 NY Slip Op 68756(U) |
| Decided on June 13, 2023 |
| 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: SMITH,J.P., PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 22-01751
| MICHAEL ROSE, AS ADMINISTRATOR OF THE ESTATE OF
JESSIE ROSE, DECEASED, AND INDIVIDUALLY AS FATHER OF JESSIE ROSE, PLAINTIFF-APPELLANT, ET AL.,
PLAINTIFFS, V ANTHONY ELLIS AND CITY OF UTICA, DEFENDANTS-RESPONDENTS. |
Appellant having moved for permission to perfect the appeal using just an appendix without a copy of the underlying full record, in accordance with the federal rules of practice, on the appeal taken herein from an order of the Supreme Court, Oneida County, entered September 28, 2022, 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 insofar as it seeks permission to perfect the appeal using the appendix method in accordance with the federal rules of practice, without prejudice to perfection of the appeal using the appendix method pursuant to 22 NYCRR 1250.9 [a] [2]; 1000.9 [c] [1], or otherwise in accordance with this Court's rules, and
It is further ORDERED that the motion is denied insofar as it seeks other relief.
Entered: June 13, 2023
Ann Dillon Flynn
Clerk of the Court