| THOMAS THOMPSON, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN, KERRY PEOPLES AND KERRY PEOPLES, INDIVIDUALLY V ADDISON |
| Motion No: CA 11-02590 |
| Slip Opinion No: 2012 NY Slip Op 62940(U) |
| Decided on January 26, 2012 |
| 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 11-02590
| THOMAS THOMPSON, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN,
KERRY PEOPLES AND KERRY PEOPLES, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, V ADDISON CENTRAL SCHOOL DISTRICT,
DEFENDANT-APPELLANT. |
Respondents having moved to dismiss the appeal taken herein from a decision of the Supreme Court entered in the Office of the Clerk of the County of Steuben on July 14, 2011, on the ground that a decision is not an appealable paper recognized under CPLR 5512 (a),
Now, upon reading and filing the affirmation of Kara L. Campbell, Esq., dated December 22, 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 denied, and the appeal from the decision entered July 14, 2011, is deemed to be a valid, premature appeal from the order entered September 1, 2011 (see CPLR 5520 [c]).
Entered: January 26, 2012
Frances E. Cafarell, Clerk