PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-02042

APPLICATION OF WILLIAM TRAVIS, AS PRESIDENT OF AFSCME LOCAL 264, AFL-CIO, PETITIONER-RESPONDENT, V JAMES WILLIAMS, SUPERINTENDENT OF THE BUFFALO BOARD OF EDUCATION AND ITS MEMBERS TO WIT: RALPH HERNANDEZ, PRESIDENT OF THE BOARD OF EDUCATION OF THE CITY OF BUFFALO AND ITS MEMBERS TO WIT: MARY RUTH KAPSIAK, CHRISTOPHER JACOBS, FLORENCE JOHNSON, VIVIAN EVANS, JOHN LICATA, CATHERINE NUGENT PANEPINTO, PAMELA D. PERRY-CAHILL, LOUIS PETRUCCI, AND BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF BUFFALO, RESPONDENTS-APPELLANTS.

Respondents-appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 14, 2010, and

Petitioner-respondent having cross-moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 14, 2010, on the ground that respondents-appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Alexander C. Collichio, Esq. sworn to October 6, 2010, the affidavit of Jerry A. Gambino, Esq. sworn to October 11, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and respondents-appellants shall perfect the appeal on or before January 3, 2011, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the cross motion is denied.

Entered: November 4, 2010

Patricia L. Morgan, Clerk