Opinion
Motion No. CA 22-01158
10-18-2022
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)
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
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 A.D.3d 786, 787 [2d Dept. 2022]; Romeo v NYS Dep't of Education, 39 A.D.3d 916, 918 [3d Dept. 2007]; Tower Ins. Co. of N.Y. v Skate Key, 273 A.D.2d 158, 158 [1st Dept 2000]).