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Burke v. Cnty. of Erie

Appellate Division of the Supreme Court of the State of New York
Mar 5, 2013
2013 N.Y. Slip Op. 66572 (N.Y. App. Div. 2013)

Opinion

DOCKET NO. CA 13-00119

03-05-2013

THOMAS P. BURKE, PLAINTIFF-RESPONDENT, v. COUNTY OF ERIE, DEFENDANT-APPELLANT.


PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Appellant having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on October 12, 2012, and

Respondent having cross-moved to dismiss the appeal from the order entered October 12, 2012, on the ground appellant did not make an application for permission to appeal,

Now, upon reading and filing the affirmations of Ryan J. Lucinski, Esq., dated January 31, 2013, and February 8, 2013, the affirmation of Marc C. Panepinto, Esq., dated February 4, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the appellant's motion insofar as it seeks to expedite the appeal is denied, and

It is further ORDERED that respondent's cross motion is denied and the notice of appeal from the order entered October 12, 2012, is hereby treated as an application for permission to appeal and permission to appeal the order entered October 12, 2012, is granted on the condition that the appeal is perfected on or before April 4, 2013.

Frances E. Cafarell, Clerk


Summaries of

Burke v. Cnty. of Erie

Appellate Division of the Supreme Court of the State of New York
Mar 5, 2013
2013 N.Y. Slip Op. 66572 (N.Y. App. Div. 2013)
Case details for

Burke v. Cnty. of Erie

Case Details

Full title:THOMAS P. BURKE, PLAINTIFF-RESPONDENT, v. COUNTY OF ERIE…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 5, 2013

Citations

2013 N.Y. Slip Op. 66572 (N.Y. App. Div. 2013)