| BRANDY BAKER, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF BRENNA BAKER, AN INFANT V EDEN CENTRAL SCHOOL DISTRICT |
| Motion No: CA 08-01924 |
| Slip Opinion No: 2008 NYSlipOp 83899(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. |
DOCKET NO. CA 08-01924
| BRANDY BAKER, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN
OF BRENNA BAKER, AN INFANT, PLAINTIFF, V EDEN CENTRAL SCHOOL DISTRICT, ET AL., DEFENDANTS. BOARD OF EDUCATION,
THIRD-PARTY PLAINTIFFS-APPELLANTS, V JOHN ZAJAC AND KAREN ZAJAC, AS FOSTER PARENTS AND GUARDIANS TO ROBERT FELVUS, AN
INFANT, AND ROBERT FELVUS, INDIVIDUALLY, THIRD-PARTY DEFENDANTS-RESPONDENTS. |
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 June 6, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Jennifer V. Schiffmacher dated September 12, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Julie P. Apter sworn to September 18, 2008,
It is hereby ORDERED that the motion be, and the same hereby is, 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