| ARIE W. SCHOLTEN, AS FATHER AND LEGAL GUARDIAN OF AMANDA M. SCHOLTEN V STEPHEN MORO AND BALDWINSVILLE CENTRAL SCHOOL |
| Motion No: CA 09-01839 |
| Slip Opinion No: 2009 NY Slip Op 85316(U) |
| Decided on October 1, 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 09-01839
| ARIE W. SCHOLTEN, AS FATHER AND LEGAL GUARDIAN OF AMANDA M.
SCHOLTEN, PLAINTIFF-APPELLANT, V STEPHEN MORO, DEFENDANT, AND BALDWINSVILLE CENTRAL SCHOOL DISTRICT,
DEFENDANT-RESPONDENT. |
Respondent 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 Onondaga on April 15, 2009, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Donald S. DiBenedetto dated September 10, 2009, the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeal is dismissed without costs.
Entered: October 1, 2009
Patricia L. Morgan, Clerk