BRANDY BAKER, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF BRENNA BAKER, AN INFANT V EDEN CENTRAL SCHOOL
Motion No: CA 08-01856
Slip Opinion No: 2008 NYSlipOp 83898(U)
Decided on September 22, 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.


September 22, 2008

DOCKET NO. CA 08-01856

BRANDY BAKER, INDIVIDUALLY AND AS MOTHER AND NATURAL

GUARDIAN OF BRENNA BAKER, AN INFANT, PLAINTIFF-APPELLANT,

V

EDEN CENTRAL SCHOOL DISTRICT, EDEN CENTRAL SCHOOL DISTRICT

BOARD OF EDUCATION, ERIE COUNTY CHILD AND FAMILY SERVICES,

DEFENDANTS-RESPONDENTS,

ET AL. DEFENDANT.


Respondents 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 Erie on May 6, 2008, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Julie P. Apter sworn to September 4, 2008, the affidavit of Danielle M. Cardamone sworn to September 16, 2008, the notices of motion with proof of service thereof, the opposing affidavits of John A. Collins sworn to September 15, 2008 and September 17, 2008,

It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeal is dismissed without further order unless the appeal is perfected on or before November 21, 2008.

Entered: September 22, 2008

JoAnn M. Wahl, Clerk