| KEVIN J. VIVYAN, AND TERRI L. VIVYAN V ILION CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF THE ILION CENTRAL SCHOOL |
| Motion No: CA 08-02587 |
| Slip Opinion No: 2009 NYSlipOp 60293(U) |
| Decided on January 5, 2009 |
| 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 08-02587
| KEVIN J. VIVYAN, AND TERRI L. VIVYAN, PLAINTIFFS-APPELLANTS,
V ILION CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF THE ILION CENTRAL SCHOOL DISTRICT, AND ILION MEMORIAL POST #920,
AMERICAN LEGION INC., 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 Herkimer on September 19, 2008, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Matthew J. Kelly dated December 15, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Douglas G. Roberts sworn to December 24, 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 March 6, 2009.
Entered: January 5, 2009
JoAnn M. Wahl, Clerk