Opinion
DOCKET NO. CA 18-00761
06-18-2018
IN THE MATTER OF REVEREND EUGENE L. PIERCE, NAN L. HAYNES, KARIMA AMIN AND CHARLES J. CULHANE, PETITIONERS-RESPONDENTS, v. SHERIFF TIMOTHY B. HOWARD, RESPONDENT-APPELLANT.
PRESENT:
Petitioners-respondents 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 Erie on January 30, 2018, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Anna Marie Richmond, Esq., dated April 27, 2018, the notice of motion with proof of service thereof, and the affirmation of Jeremy C. Toth, Esq., dated May 3, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and the appeal are dismissed.
Memorandum: "An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as of right" (People ex rel. Afrika v Russi, 204 AD2d 1062, 1062 [4th Dept 1994], appeal dismissed 84 NY2d 821 [1994]; see CPLR 5701 [b] [1]; Matter of Green v Monroe County Child Support Enforcement Unit, 111 AD3d 1446, 1447 [4th Dept 2013]).
Entered: June 18, 2018
Mark W. Bennett, Clerk