Rice v. City of Jr.

Full title: JEFFREY RICE, PETITIONER-APPELLANT, v. CITY OF BUFFALO, BUFFALO FIRE…

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

Date published: Dec 29, 2015

2015 N.Y. Slip Op. 95225 (N.Y. App. Div. 2015)

Opinion

DOCKET NO. CA 15-02090

12-29-2015

JEFFREY RICE, PETITIONER-APPELLANT, v. CITY OF BUFFALO, BUFFALO FIRE DEPARTMENT, TIMOTHY M. FITZPATRICK, JR., DEFENDANTS-RESPONDENTS, PETER B. NICLEY, DEFENDANT. (ACTION NO. 1.) JAMES FELIX OLIVER, PLAINTIFF-APPELLANT. v. CITY OF BUFFALO AND PETER B. NICELY, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.) PETER NICELY, PLAINTIFF, v. CITY OF BUFFALO, ET AL., DEFENDANTS. (ACTION NO. 3.)

SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

PRESENT:

Appellant James Felix Oliver having moved for an extension of time to perfect the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 4, 2015,

Now, upon reading and filing the affirmation of Roland M. Cercone, Esq., dated December 11, 2015, 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 granted, and appellant James Felix Oliver shall perfect the appeal on or before February 11, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 29, 2015

Frances E. Cafarell, Clerk