| BILLY CORNELL, AS ADMINISTRATOR OF THE ESTATE OF ROBERTA CORNELL (DECEASED) V ALFRED UNIVERSITY, DR. CHARLES M. |
| Motion No: CA 09-01840 |
| Slip Opinion No: 2009 NY Slip Op 85298(U) |
| Decided on September 30, 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 09-01840
| BILLY CORNELL, AS ADMINISTRATOR OF THE ESTATE OF ROBERTA CORNELL
(DECEASED), PLAINTIFF-APPELLANT, V ALFRED UNIVERSITY, DR. CHARLES M. EDMONDSON, INDIVIDUALLY AND AS PRESIDENT OF ALFRED
UNIVERSITY, DR. DAVID SZCZERBACKI, INDIVIDUALLY AND AS PROVOST & V.P. OF ACADEMIC & STATUTORY AFFAIRS OF ALFRED UNIVERSITY,
JOYCE RAUSCH, INDIVIDUALLY AND AS V.P. FOR BUSINESS & FINANCE OF ALFRED UNIVERSITY, KELLY FLOYD, INDIVIDUALLY AND AS DIRECTOR
OF HUMAN RESOURCES OF ALFRED UNIVERSITY, TAMMY RAUB, INDIVIDUALLY AND AS CONTROLLER OF ALFRED UNIVERSITY, SCOTT HOOKER,
INDIVIDUALLY AND AS DIRECTOR OF ADMISSIONS OF ALFRED UNIVERSITY, JANE DOE, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY FOR ALFRED
UNIVERSITY, AND JOHN DOE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY FOR ALFRED UNIVERSITY,
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 Allegany on June 10, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Christopher D. Thomas dated September 9, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Jeffrey J. Babcock dated September 23, 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 December 1, 2009.
Entered: September 30, 2009
Patricia L. Morgan, Clerk