Dotson v. J.C. Penney Co.

Full title: LONNIE DOTSON AND SONIA DOTSON, PLAINTIFFS-RESPONDENTS, v. J.C. PENNEY…

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

Date published: Nov 16, 2017

2017 N.Y. Slip Op. 93179 (N.Y. App. Div. 2017)

Opinion

DOCKET NO. CA 17-00664 DOCKET NO. CA 17-00665

11-16-2017

LONNIE DOTSON AND SONIA DOTSON, PLAINTIFFS-RESPONDENTS, v. J.C. PENNEY COMPANY, INC., J.C. PENNEY CAROUSEL STORE, DAVID STANTON, INDIVIDUALLY, AND ACTING AS AGENT SERVANT AND/OR EMPLOYEE OF J.C. PENNEY COMPANY, INC., AND ANDREW VAUGHN, INDIVIDUALLY, AND ACTING AS AGENT, SERVANT AND/OR EMPLOYEE OF J.C. PENNEY COMPANY, INC., GARY MIGUEL, CHIEF OF POLICE FOR CITY OF SYRACUSE, CITY OF SYRACUSE POLICE DEPARTMENT AND CITY OF SYRACUSE, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) LONNIE DOTSON, AND SONIA DOTSON, PLAINTIFFS-RESPONDENTS, v. J.C. PENNY COMPANY, INC., ET AL., DEFENDANTS, GARY MIGUEL, CHIEF OF POLICE OR THE CITY OF SYRACUSE, CITY OF SYRACUSE POLICE DEPARTMENT, AND CITY OF SYRACUSE, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

WHALEN, P.J., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.

PRESENT:

Respondents having moved for an extension of time to file and serve a brief on the appeals taken herein from an orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on September 28, 2016, and March 31, 2017,

Now, upon reading and filing the affirmation of A.J. Bosman, Esq., dated November 3, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion as it relates to appeal No. 1 is granted to the extent that the first ordering paragraph of the order of this Court entered September 25, 2017, is hereby amended by deleting the date October 11, 2017, and inserting in its place the date November 24, 2017, and

It is further ORDERED that the second ordering paragraph of the order of this Court entered September 25, 2017, is hereby amended by deleting the date October 26, 2017, and inserting in its place the date December 11, 2017, and

It is further ORDERED that the motion as it relates to appeal No. 2 is granted on condition that the brief is filed and served on or before November 24, 2017, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs in appeal No. 2, if any, shall be filed and served on or before December 11, 2017.

Entered: November 16, 2017

Mark W. Bennett, Clerk