STEPHEN HALE, INDIVIDUALLY AND DOING BUSINESS AS HALE'S BUS GARAGE V PAUL SCOPAC, IN HIS INDIVIDUAL AND OFFICIAL

STEPHEN HALE, INDIVIDUALLY AND DOING BUSINESS AS HALE'S BUS GARAGE V PAUL SCOPAC, IN HIS INDIVIDUAL AND OFFICIAL

Motion No: CA 09-02506

Slip Opinion No: 2009 NY Slip Op 92216(U)

Decided on December 21, 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.

December 21, 2009

DOCKET NO. CA 09-02506

STEPHEN HALE, INDIVIDUALLY AND DOING BUSINESS AS
HALE'S BUS GARAGE, PLAINTIFF-APPELLANT,
V
PAUL SCOPAC, IN HIS INDIVIDUAL AND OFFICIAL CAPACITY AS
VICE PRESIDENT OF THE CLINTON CENTRAL SCHOOL DISTRICT BOARD
OF EDUCATION, AND GUY VANBAALEN, IN HIS INDIVIDUAL AND
OFFICIAL CAPACITY AS MEMBER OF THE CLINTON CENTRAL SCHOOL
DISTRICT BOARD OF 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 Oneida on February 10, 2009, on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal,

Now, upon reading and filing the affirmation of Michael J. Livolsi dated December 4, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Norman P. Deep dated December 10, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Michael J. Livolsi dated December 17, 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 20, 2010, and

It is further ORDERED that the cross motion be, and the same hereby is, dismissed as unnecessary.

Entered: December 21, 2009

Patricia L. Morgan, Clerk