| SCOTT MARTZLOFF, AND KIMBERLY MARTZLOFF, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF VICTORIA MARTZLOFF V |
| Motion No: CA 10-01073 |
| Slip Opinion No: 2010 NY Slip Op 75878(U) |
| Decided on June 28, 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 10-01073
| SCOTT MARTZLOFF, AND KIMBERLY MARTZLOFF, INDIVIDUALLY AND AS
PARENTS AND NATURAL GUARDIANS OF VICTORIA MARTZLOFF, PLAINTIFFS-APPELLANTS, V RUSH-HENRIETTA CENTRAL SCHOOL,
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 Monroe on January 19, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Louis J. Tripoli, Esq. dated May 12, 2010, the notice of motion with proof of service thereof, the affirmation of Bruce F. Freeman, Esq. dated June 11, 2010, and due deliberation having been had thereon,
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 27, 2010.
Entered: June 28, 2010
Patricia L. Morgan, Clerk