| IN THE MATTER OF CRAIG S. FEHLHABER V BOARD OF EDUCATION OF UTICA CITY SCHOOL DISTRICT, JAMES WILLIS, AS SUPERINTENDENT |
| Motion No: CA 11-02201 |
| Slip Opinion No: 2011 NY Slip Op 90565(U) |
| Decided on November 18, 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 NO. CA 11-02201
| IN THE MATTER OF CRAIG S. FEHLHABER, PETITIONER-APPELLANT, V
BOARD OF EDUCATION OF UTICA CITY SCHOOL DISTRICT, JAMES WILLIS, AS SUPERINTENDENT OF SCHOOLS, MICHAEL FERRARO,
RESPONDENT-RESPONDENTS, ET AL., RESPONDENTS. |
Respondents-respondents having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 6, 2011, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavits of Frank W. Miller, Esq., sworn to October 20, 2011, and October 28, 2011, the notice of motion with proof of service thereof, and the affirmation of Stephen Ciotoli, Esq., dated November 2, 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 January 17, 2012.
Entered: November 18, 2011
Patricia L. Morgan, Clerk