CHARLES DRAKE AND CHRISTINE DRAKE, AS PARENTS AND NATURAL GUARDIANS OF PATRICIA DRAKE, A MINOR, TERRY CAMPBELL AND
Motion No: CA 09-00829
Slip Opinion No: 2009 NY Slip Op 71762(U)
Decided on May 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.


May 5, 2009

DOCKET NO. CA 09-00829

CHARLES DRAKE AND CHRISTINE DRAKE, AS PARENTS AND NATURAL

GUARDIANS OF PATRICIA DRAKE, A MINOR,

TERRY CAMPBELL AND TERESA GIARDINA, AS PARENTS AND NATURAL

GUARDIAN OF TARA CAMPBELL, A MINOR,

ROXANNA HENSHAW, AS PARENT AND NATURAL GUARDIAN OF

ASHLEY HENSHAW, A MINOR, PLAINTIFFS-RESPONDENTS,

ET AL., PLAINTIFF,

V

BERTHA HOFFMAN AND

CAMPBELL-SAVONA CENTRAL SCHOOL DISTRICT,

DEFENDANTS-APPELLANTS.


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 Steuben on September 16, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Jacob P. Welch sworn to April 21, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Aimee LaFever Koch sworn to April 30, 2009, and due deliberation having been had thereon,

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 July 6, 2009.

Entered: May 5, 2009

Patricia L. Morgan, Clerk