DOMINICK CALHOUN, BY AND THROUGH HIS NEXT FRIEND, THE CHILDREN'S RIGHTS INITIATIVE, INC. V ILION CENTRAL SCHOOL
Motion No: NOS. CA 11-00656 AND CA 11-00657
Slip Opinion No: 2011 NY Slip Op 71059(U)
Decided on April 25, 2011
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.


April 25, 2011

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

DOCKET NOS. CA 11-00656 AND CA 11-00657

DOMINICK CALHOUN, BY AND THROUGH HIS NEXT FRIEND, THE

CHILDREN'S RIGHTS INITIATIVE, INC., PLAINTIFF-APPELLANT,

V

ILION CENTRAL SCHOOL DISTRICT, CHRISTINE RUFF,

PETER BUTCHKO, JOHN DOE(S) AND JANE DOE(S),

DEFENDANTS-RESPONDENTS.


Respondents having moved to dismiss the appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on October 15, 2010, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of J. Ryan Hatch, Esq. sworn to March 29, 2011, the notice of motion with proof of service thereof, and the affirmation of A.J. Bosman, Esq. dated April 11, 2011, 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 June 24, 2011.

Entered: April 25, 2011

Patricia L. Morgan, Clerk