| KIMBERLY JOHNSON V FRANK CANTIE, DEBORAH CANTIE AND IROQUOIS CENTRAL SCHOOL DISTRICT |
| Motion No: CA 09-01064 |
| Slip Opinion No: 2009 NY Slip Op 80522(U) |
| Decided on August 10, 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 09-01064
| KIMBERLY JOHNSON, PLAINTIFF-APPELLANT, V FRANK CANTIE,
DEBORAH CANTIE AND IROQUOIS CENTRAL SCHOOL DISTRICT, DEFENDANTS-RESPONDENTS. |
Respondents Frank Cantie and Deborah Cantie 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
May 12, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Melissa A. Day dated July 21, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Michael A. Iacono dated August 3, 2009, the reply affirmation of Melissa A. Day dated August 6, 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 October 9, 2009.
Entered: August 10, 2009
Patricia L. Morgan, Clerk