| KEVIN J. VIVYAN AND TERRI L. VIVYAN V THE ILION CENTRAL SCHOOL DISTRICT, THE BOARD OF EDUCATION OF THE ILION CENTRAL |
| Motion No: NOS. CA 11-01838 AND CA 11-01839 |
| Slip Opinion No: 2011 NY Slip Op 84403(U) |
| Decided on September 19, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 11-01838 AND CA 11-01839
| KEVIN J. VIVYAN AND TERRI L. VIVYAN, PLAINTIFFS-APPELLANTS, V THE
ILION CENTRAL SCHOOL DISTRICT, THE BOARD OF EDUCATION OF THE ILION CENTRAL SCHOOL DISTRICT, AND ILION MEMORIAL POST #920, AMERICAN
LEGION, INC., DEFENDANTS-RESPONDENTS. |
Respondents Ilion Memorial Post #920, American Legion, Inc., having moved to dismiss the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on April 29, 2011, on the ground that appellants have failed to perfect timely the appeals,
Now, upon reading and filing the affidavits of Matthew J. Kelly, Esq., sworn to August 29, 2011, and September 6, 2011, the notice of motion with proof of service thereof, and the affidavit of Douglas G. Roberts, Esq., sworn to September 6, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before November 18, 2011.
Entered: September 19, 2011
Patricia L. Morgan, Clerk