JOHN T. TIMKEY V CITY OF LOCKPORT
Motion No: CA 18-00294
Slip Opinion No: 2018 NY Slip Op 66476(U)
Decided on March 7, 2018
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


March 7, 2018

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

DOCKET NO. CA 18-00294

JOHN T. TIMKEY, PLAINTIFF-RESPONDENT,

V

CITY OF LOCKPORT, DEFENDANT-APPELLANT.


Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 7, 2017, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Thomas H. Brandt, Esq., sworn to February 15, 2018, the notice of motion with proof of service thereof, and the affirmation of Ryan G. Smith, Esq., dated February 21, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before April 27, 2018.

Entered: March 7, 2018

Mark W. Bennett, Clerk