| SUNSHINE ENVIRONMENTAL SERVICES, INC V BOARD OF EDUCATION, ROME CITY SCHOOL DISTRICT |
| Motion No: CA 10-01541 |
| Slip Opinion No: 2010 NY Slip Op 78886(U) |
| Decided on July 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 10-01541
| SUNSHINE ENVIRONMENTAL SERVICES, INC, PLAINTIFF-APPELLANT, V
BOARD OF EDUCATION, ROME CITY SCHOOL DISTRICT, 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 Oneida on March 15, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Charles E. Symons, Esq. sworn to July 12, 2010, the notice of motion with proof of service thereof, the affidavit of Kimberlee J. Dale, Esq. sworn to July 23, 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 September 27, 2010.
Entered: July 28, 2010
Patricia L. Morgan, Clerk