STEPHANIE HELMER, AN INFANT, BY DAVID HELMER V JESSICA PERKINS, AN INFANT, BY DIXIE PERKINS RACHEL MCMASTER,
Motion No: CA 07-02329
Slip Opinion No: 2008 NYSlipOp 69326(U)
Decided on April 14, 2008
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.


April 14, 2008

DOCKET NO. CA 07-02329

STEPHANIE HELMER, AN INFANT, BY DAVID HELMER, PLAINTIFF,

V

JESSICA PERKINS, AN INFANT, BY DIXIE PERKINS, DEFENDANT,

RACHEL MCMASTER, DEFENDANT-APPELLANT



JESSICA PERKINS, AN INFANT, BY DIXIE PERKINS, HER PARENT

AND NATURAL GUARDIAN, THIRD-PARTY PLAINTIFF,

V

WARSAW CENTRAL SCHOOL DISTRICT, THIRD-PARTY

DEFENDANT-RESPONDENT.


Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on August 29, 2007, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Patrick B. Naylon dated March 31, 2008, the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.

Entered: April 14, 2008

JoAnn M. Wahl, Clerk