Matter of Board of Education of Amityville Union Free Scho
Motion No: 2007-11606
Slip Opinion No: 2008 NYSlipOp 61657(U)
Decided on January 22, 2008
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M65174

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-11606

In the Matter of Board of Education of

Amityville Union Free School District, appellant,

v Amityville Teacher's Association, respondent.

(Index No. 34370-06)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPLR 5520(a) to deem timely served a notice of appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2007, which notice of appeal was timely filed, and to deem the notice of appeal to be valid.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to deem the notice of appeal timely served is granted and the notice of appeal is deemed timely served; and it is further,

ORDERED that the branch of the motion which is to deem the notice of appeal to be valid is denied as unnecessary.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court