| IN THE MATTER OF APPLICATION OF LUIS FERNANDEZ V MONROE COUNTY DEPARTMENT OF COMMUNICATION, JEFFREY L. MCCANN, APPEAL |
| Motion No: CA 24-00249 |
| Slip Opinion No: 2024 NY Slip Op 73431(U) |
| Decided on August 26, 2024 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 24-00249
| IN THE MATTER OF APPLICATION OF LUIS FERNANDEZ,
PETITIONER-APPELLANT, V MONROE COUNTY DEPARTMENT OF COMMUNICATION, JEFFREY L. MCCANN, APPEAL OFFICE, MONROE COUNTY DISTRICT
ATTORNEY'S OFFICE RESPONDENTS-RESPONDENTS. |
Appellant having moved for an order settling the record on the appeal taken herein from an order of the Supreme Court, Monroe County, entered September 28, 2023, 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 dismissed without prejudice to a motion to vacate the dismissal of the appeal (see 22 NYCRR 1250.10 [a],[c]).
Memorandum: A motion to settle the record on appeal is properly directed to the court from which the appeal is taken, in this case, Supreme Court (see 22 NYCRR 1000.7 [b]).
Entered: August 26, 2024
Ann Dillon Flynn
Clerk of the Court