Opinion
Motion No: CA 12-00233 CA 12-00234
02-08-2012
IN THE MATTER OF GAMALIEL (TONY) DOMINGUEZ, PETITIONER-RESPONDENT, v. MONROE COUNTY SHERIFF PATRICK M. O'FLYNN, CAPTAIN ANDREW FORSYTHE, LIEUTENANT JOHN DIMARTINO, DEPUTY PATRICIO ROJAS, JR., IN THEIR OFFICIAL CAPACITIES, RESPONDENTS-APPELLANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner-respondent having moved to dismiss the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 4, 2011 (Docket No. CA 12-00233), and November 16, 2011 (Docket No. CA 12-00234), on the ground that respondents-appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of Jeffrey Wicks, Esq., dated January 20, 2012, the notice of motion with proof of service thereof, and the affirmation of Brian E. Marianetti, Esq., dated January 30, 2012, 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 9, 2012.
Frances E. Cafarell, Clerk