Licciardi v. City of Rochester

Full title: MARK A. LICCIARDI, INDIVIDUALLY AND AS A CITY OF ROCHESTER FIREFIGHTER…

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

Date published: Mar 30, 2017

2017 N.Y. Slip Op. 69123 (N.Y. App. Div. 2017)

2017 N.Y. Slip Op. 69084

Opinion

DOCKET NO. CA 15-01548

03-30-2017

MARK A. LICCIARDI, INDIVIDUALLY AND AS A CITY OF ROCHESTER FIREFIGHTER, 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 MCMILLIAN, 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, DEFENDANTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 19, 2014,

Now, upon reading and filing the affirmation of Emmelyn Logan-Baldwin, Esq., dated March 8, 2017, and the affirmation of Leo G. Finucane, Esq., dated March 8, 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 is denied as untimely pursuant to 22 NYCRR 1000.13 (g).

Entered: March 30, 2017

Frances E. Cafarell, Clerk