| JACQUELINE A. DALTON AND SCOTT DALTON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF JACQUELINE A. DALTON V MARTIN |
| Motion No: CA 09-00457 |
| Slip Opinion No: 2009 NYSlipOp 67581(U) |
| Decided on March 23, 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 09-00457
| JACQUELINE A. DALTON AND SCOTT DALTON, INDIVIDUALLY AND AS PARENT
AND NATURAL GUARDIAN OF JACQUELINE A. DALTON, PLAINTIFFS-RESPONDENTS, V MARTIN K. MEMMINGER, JR., ET AL., DEFENDANTS,
VILLAGE OF DEPEW AND DEPEW UNION FREE SCHOOL DISTRICT, DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 25, 2008, on the ground that appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affirmation of Terrence P. Higgins dated March 3, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Paul J. Suozzi dated March 13, 2009,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as moot.
Entered: March 23, 2009
JoAnn M. Wahl, Clerk