JOHN R. CONSEDINE V PORTVILLE CENTRAL SCHOOL DISTRICT, STEVEN DAY, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT, AND JOHN
Motion No: NOS. CA 06-03447, CA 06-03519 AND CA 07-00295
Slip Opinion No: 2007 NYSlipOp 84707(U)
Decided on November 28, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 28, 2007

PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NOS. CA 06-03447, CA 06-03519 AND CA 07-00295

JOHN R. CONSEDINE, PLAINTIFF-RESPONDENT,

V

PORTVILLE CENTRAL SCHOOL DISTRICT, STEVEN DAY, IN HIS

OFFICIAL CAPACITY AS SUPERINTENDENT, AND JOHN GIBERSON, IN

HIS OFFICIAL CAPACITY AS PRESIDENT OF PORTVILLE BOARD OF

EDUCATION, DEFENDANTS-APPELLANTS.


The New York State School Boards Association having moved for permission to file and serve a brief amicus curiae on the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on October 30, 2006, November 13, 2006 and January 16, 2007,

Now, upon reading and filing the affidavit of Jay Worona sworn to October 22, 2007, the notice of motion with proof of service thereof, the opposing affidavit of John F. Kershko sworn to October 24, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted on condition that the brief is filed and served on or before December 28, 2007 and the Clerk is directed to accept the brief for filing.

Entered: November 28, 2007

JoAnn M. Wahl, Clerk