| RANDY M. KRAJKOWSKI V CYNTHIA A. BIANCO, AS SUPERINTENDENT OF SCHOOLS OF CITY SCHOOL DISTRICT OF CITY OF NIAGARA FALLS |
| Motion No: CA 10-01671 |
| Slip Opinion No: 2010 NY Slip Op 82458(U) |
| Decided on September 15, 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 PERADOTTO, JJ.
DOCKET NO. CA 10-01671
| RANDY M. KRAJKOWSKI, 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. |
Respondent having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 25, 2010, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Terry M. Sugrue, Esq. sworn to August 2, 2010, the notice of motion with proof of service thereof, the affidavit of Michael F. Perley, Esq. sworn to August 10, 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 appellants file and serve a motion for an extension of time to perfect by September 29, 2010, that includes an affidavit demonstrating a reasonable excuse for the delay.
Entered: September 15, 2010
Patricia L. Morgan, Clerk