| JAMES F. GALLAGHER, AS PRESIDENT OF THE PROFESSIONAL, CLERICAL, TECHNICAL EMPLOYEES ASSOCIATION, ON BEHALF OF HIMSELF |
| Motion No: CA 10-01291 |
| Slip Opinion No: 2010 NY Slip Op 77008(U) |
| Decided on July 13, 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 10-01291
| JAMES F. GALLAGHER, AS PRESIDENT OF THE PROFESSIONAL, CLERICAL,
TECHNICAL EMPLOYEES ASSOCIATION, ON BEHALF OF HIMSELF AND ALL MEMBERS OF THE PROFESSIONAL, CLERICAL, TECHNICAL EMPLOYEES
ASSOCIATION, AND LARAE HENS, PETITIONERS-RESPONDENTS, V BOARD OF EDUCATION FOR THE BUFFALO CITY SCHOOL DISTRICT, AND
JAMES A. WILLIAMS, AS SUPERINTENDENT OF THE CITY OF BUFFALO SCHOOL DISTRICT, AND THE CITY OF BUFFALO DEPARTMENT OF HUMAN RESOURCES,
AND OLIVIA LICATA, AS ADMINISTRATIVE DIRECTOR OF THE DEPARTMENT OF HUMAN RESOURCES, CIVIL SERVICE DIVISION,
RESPONDENTS-APPELLANTS. |
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 Erie on February 5, 2010, on the ground that appellants have failed to perfect timely the appeal, and for other relief,
Now, upon reading and filing the affidavits of Paul D. Weiss, Esq. sworn to June 10, 2010 and June 30, 2010, the notice of motion with proof of service thereof, the affidavit of Denise M. Malican, Esq. sworn to June 28, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before September 13, 2010.
It is further ORDERED that the motion is otherwise denied.
Entered: July 13, 2010
Patricia L. Morgan, Clerk