Opinion
DOCKET NO. CA 12-01499
03-06-2013
JAMES P. ZETES, PLAINTIFF-APPELLANT-RESPONDENT, v. KELLY A. STEPHENS AND LUCAS A. STEPHENS, DEFENDANTS, COUNTY OF NIAGARA, JAMES VOUTOUR, IN HIS CAPACITY AS NIAGARA COUNTY SHERIFF, AND GUY FRATELLO, ALSO KNOWN AS G. FRATELLO, INDIVIDUALLY AND IN HIS CAPACITY AS NIAGARA COUNTY DEPUTY SHERIFF, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)
PRESENT: , J.P., FAHEY, PERADOTTO, LINDLEY, AND WHALEN, JJ.
Defendants-respondents-appellants having moved to vacate the dismissal of their cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 31, 2012,
Now, upon reading and filing the affirmation of Charles E. Graney, Esq., dated February 19, 2013, the notice of motion with proof of service thereof, and the affidavit of John J. DelMonte, Esq., sworn to February 27, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the cross appeal is deemed timely perfected, and
It is further ORDERED that plaintiff's brief, in response to defendants-respondents-appellants' brief filed in support of the cross appeal, shall be filed and served on or before March 21, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that defendants-respondents-appellants' reply brief regarding the cross appeal, if any, shall be filed and served on or before March 28, 2013.
Frances E. Cafarell, Clerk