DOCKET NO. CA 08-02568

THEODORE W. MISLIN, SR., AND BARBARA A. MISLIN, EACH INDIVIDUALLY AND AS CO-ADMINISTRATORS AND DISTRIBUTEES OF THE ESTATE OF THEODORE W. MISLIN, JR., PLAINTIFFS-APPELLANTS, V CITY OF TONAWANDA SCHOOL DISTRICT, ANDREW FREEDMAN, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SCHOOL ATTORNEY FOR THE CITY OF TONAWANDA SCHOOL DISTRICT, DIANA D. GREENE, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS SUPERINTENDENT OF THE CITY OF TONAWANDA SCHOOL DISTRICT, AND BOARD OF EDUCATION OF CITY OF TONAWANDA SCHOOL DISTRICT, 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 September 18, 2008, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of Michael P. McClaren dated December 11, 2008, the affidavit of Marylou K. Roshia sworn to December 23, 2008, the notices of motion with proof of service thereof, the opposing affirmations of Christen Archer Pierrot dated December 23, 2008 and December 24, 2008, the notice of cross motion with proof of service thereof,

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 February 27, 2009, and

It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.

Entered: December 31, 2008

JoAnn M. Wahl, Clerk