| VINCENT F. GIGLIOTTI V CYNTHIA A. BIANCO, AS SUPERINTENDENT OF SCHOOLS OF CITY SCHOOL DISTRICT OF CITY OF NIAGARA |
| Motion No: CA 10-01198 |
| Slip Opinion No: 2010 NY Slip Op 73918(U) |
| Decided on June 9, 2010 |
| 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. |
PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-01198
| VINCENT F. GIGLIOTTI, PETITIONER-RESPONDENT, V CYNTHIA A.
BIANCO, AS SUPERINTENDENT OF SCHOOLS OF CITY SCHOOL DISTRICT OF CITY OF NIAGARA FALLS, RUSSELL PETROZZI, AS PRESIDENT OF NIAGARA
FALLS BOARD OF EDUCATION, NIAGARA FALLS BOARD OF EDUCATION, SCHOOL DISTRICT OF CITY OF NIAGARA FALLS,
RESPONDENTS-APPELLANTS. |
Petitioner-respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 19, 2010, on the ground that respondents-
appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Terry M. Sugrue, Esq. dated May 26, 2010, the notice of motion with proof of service thereof, the affidavit of Michael F. Perley, Esq. sworn to June 4, 2010,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before August 9, 2010.
Entered: June 9, 2010
Patricia L. Morgan, Clerk