GUY F. D'AMBROSIA, JR., AND SHEILA A. D'AMBROSIA V PENFIELD CENTRAL SCHOOL DISTRICT AND JAMES J. CORDARO
Motion No: CA 09-01160
Slip Opinion No: 2009 NY Slip Op 75476(U)
Decided on June 17, 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.


June 17, 2009

DOCKET NO. CA 09-01160

GUY F. D'AMBROSIA, JR., AND

SHEILA A. D'AMBROSIA, PLAINTIFFS-APPELLANTS,

V

PENFIELD CENTRAL SCHOOL DISTRICT AND

JAMES J. CORDARO, DEFENDANTS-RESPONDENTS.


Respondents having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 23, 2008, on the ground that appellants have failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Aimee LaFever Koch sworn to June 4, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Bruce F. Freeman dated June 12, 2009,

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 September 14, 2009.

Entered: June 17, 2009

Patricia L. Morgan, Clerk