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

DOCKET NO. CA 10-02273

JUAN MAZURETT AND THERESA MAZURETT, PLAINTIFFS-RESPONDENTS, V ROCHESTER CITY SCHOOL DISTRICT, DEFENDANT-APPELLANT.

Respondents having 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 Monroe on August19, 2010, on the grounds that appellant failed to file timely its notice of appeal and failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal, and for other relief,

Now, upon reading and filing the affirmation of Mark J. Valerio, Esq. dated November 16, 2010, the affidavit of Steven E. Peiper, Esq. sworn to November 23, 2010, and 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 insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal is granted and the appeal is dismissed without further order unless the appeal is perfected on or before February 14, 2011, and

It is further ORDERED that the motion insofar as it seeks to dismiss the appeal for failure to file timely a notice of appeal is denied, and

It is further ORDERED that the cross motion is granted to the extent that appellant's notice of appeal is deemed to be timely filed and served (see CPLR 5520 [a]), and

It is further ORDERED that the cross-motion insofar as it seeks an extension of time to perfect the appeal is dismissed as unnecessary.

Entered: December 14, 2010

Patricia L. Morgan, Clerk