Opinion
DOCKET NO. CA 12-00953
07-02-2013
NEAL MACK AND WESLEY MACK, PLAINTIFFS-APPELLANTS, v. CITY OF BUFFALO, KEVIN BRINKWORTH, PAUL SOBKOWIAK, GREGORY KWIATKOWSKI, RALPH SKINNER, AND ANTHONY PORZIO, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 16, 2012,
Now, upon reading and filing the affirmation of Michael Cobbs, Esq., dated June 5, 2013, the notice of motion with proof of service thereof, and the affirmation of Michael B. Risman, Esq., dated June 17, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.13 [g]).
Frances E. Cafarell, Clerk