| MICHAEL RODENHOUSE AND KELLY RODENHOUSE V PALMYRA-MACEDON CENTRAL SCHOOL DISTRICT, HAROLD E. FERGUSON, INDIVIDUALLY AND |
| Motion No: CA 09-02224 |
| Slip Opinion No: 2009 NY Slip Op 88353(U) |
| Decided on November 9, 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 09-02224
| MICHAEL RODENHOUSE AND KELLY RODENHOUSE,
PLAINTIFFS-APPELLANTS, V PALMYRA-MACEDON CENTRAL SCHOOL DISTRICT, HAROLD E. FERGUSON, INDIVIDUALLY AND IN HIS CAPACITY
AS FORMER INTERIM SUPERINTENDENT OF SCHOOLS, BARBARA PERSIA, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS PRINCIPAL OF THE
PALMYRA-MACEDON SENIOR HIGH SCHOOL, AND FRED CIABURRI, INDIVIDUALLY IN HIS OFFICIAL CAPACITY AS DIRECTOR OF ATHLETICS AND PHYSICAL
EDUCATION, 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 Wayne on June 18, 2009, 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 October 28, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Jeffrey Wicks dated November 4, 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 January 8, 2010.
Entered: November 9, 2009
Patricia L. Morgan, Clerk