| BERNICE MALCOLM V HONEOYE FALLS-LIMA SCHOOL DISTRICT |
| Motion No: CA 12-00698 |
| Slip Opinion No: 2012 NY Slip Op 71335(U) |
| Decided on April 19, 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 12-00698
| BERNICE MALCOLM, PLAINTIFF-APPELLANT, V HONEOYE FALLS-LIMA
SCHOOL DISTRICT, DEFENDANT-RESPONDENT. |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the office of the Clerk of the County of Monroe on March 12, 2010,
Now, upon reading and filing the affidavit of Bernice Malcolm sworn to April 5, 2012, the notice of motion with proof of service thereof, and the affirmation of Kevin T. O'Brien, Esq., dated April 12, 2012, and due deliberation having been thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's motion is untimely (see 22 NYCRR 1000.13 [g]).
Entered: April 19, 2012
FRANCES E. CAFARELL, Clerk