Opinion
2021-70614 Motion CA 21-00277
08-18-2021
NOAH J. GIUSIANA, PLAINTIFF-RESPONDENT, v. CITY OF BUFFALO, BUFFALO POLICE DEPARTMENT AND JANE AND/OR JOHN DOE #1-6, DEFENDANTS-APPELLANTS.
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Defendants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered February 16, 2021, to extend the time to perfect the appeal, and to correct the date on the notice of appeal, 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 insofar as it seeks to correct the date on the notice of appeal, which is hereby deemed to be February 19, 2021, and
It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal, and
It is further ORDERED that the motion insofar as it seeks to extend the time to perfect the appeal is granted, the time to perfect the appeal is extended to October 18, 2021, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.