IN THE MATTER OF KEVIN FAGER, THOMAS GILLETT AND OTHER UNITED IN INTEREST V BOARD OF EDUCATION, ROCHESTER CITY SCHOOL
Motion No: CA 11-01671
Slip Opinion No: 2011 NY Slip Op 91116(U)
Decided on November 28, 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.


November 28, 2011

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

DOCKET NO. CA 11-01671

IN THE MATTER OF KEVIN FAGER, THOMAS GILLETT AND OTHER

PETITIONERS UNITED IN INTEREST, PETITIONERS-APPELLANTS,

V

BOARD OF EDUCATION, ROCHESTER CITY SCHOOL DISTRICT,

RESPONDENT-RESPONDENT.


Appellants having moved for permission to file and serve a replacement brief on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 1, 2010,

Now, upon reading and filing the affidavit of James D. Bilik, Esq., sworn to November 17, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the replacement brief is filed and served on or before December 2, 2011, and the Clerk is directed to accept the brief for filing.

Entered: November 28, 2011

Patricia L. Morgan, Clerk