| Matter of Gaudio v Copiague Public School District |
| Motion No: 2009-04101 |
| Slip Opinion No: 2009 NY Slip Op 90701(U) |
| Decided on December 9, 2009 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M95681
E/sl
FRED T. SANTUCCI, J.P.
RUTH C. BALKIN
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-04101 In the Matter of Anthony Gaudio, appellant, v Copiague Public School District, et al., respondents. (Index No. 17911-08)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 9, 2009, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal as untimely taken is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,
ORDERED that the motion is otherwise denied as academic.
SANTUCCI, J.P., BALKIN, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court