Opinion
DOCKET NO. CA 12-02139
01-23-2013
MARK A. LICCIARDI, PLAINTIFF-APPELLANT, v. CITY OF ROCHESTER, CITY OF ROCHESTER FIRE DEPARTMENT, JOHN CAUFIELD, INDIVIDUALLY AND AS CITY OF ROCHESTER FIRE CHIEF, SALVATORE MITRANO, III, INDIVIDUALLY AND AS EXECUTIVE DEPUTY CHIEF, MARTIN MCMILLAN, INDIVIDUALLY AND AS LINE DEPUTY FIRE CHIEF, RICHARD YACKEL, INDIVIDUALLY AND AS BATTALION CHIEF, KEVIN CADY, INDIVIDUALLY AND AS A CITY OF ROCHESTER FIRE LT., MAUREEN HOPE, INDIVIDUALLY AND AS FIRE DEPARTMENT CASE MANAGER, AND SUSAN WALZ, INDIVIDUALLY AND AS VICE PRINCIPAL OF NORTHSIDE ELEMENTARY SCHOOL DISTRICT FAIRPORT CENTRAL SCHOOL, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondent Susan Walz 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 Monroe on June 11, 2012, on the ground that appellant failed to perfect timely the appeal and that the order being appealed is not appealable,
Now, upon reading and filing the affidavit of J. Ryan Hatch, Esq., sworn to November 12, 2012, the notice of motion with proof of service thereof, and the affirmation of Emmelyn Logan-Baldwin, Esq., dated November 20, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to perfect timely is granted and the appeal is dismissed without further order unless the appeal is perfected on or before March 19, 2013, and
It is further ORDERED that the motion insofar as it seeks to dismiss the appeal on other grounds is denied with leave to raise the issue in Susan Walz's respondent's brief.
Frances E. Cafarell, Clerk