IN THE MATTER OF CHARLES MEIER V BOARD OF EDUCATION LEWISTON PORTER CENTRAL SCHOOL DISTRICT
Motion No: CA 12-01355
Slip Opinion No: 2012 NY Slip Op 82295(U)
Decided on August 21, 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.


August 21, 2012

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

DOCKET NO. CA 12-01355

IN THE MATTER OF CHARLES MEIER,

PETITIONER-RESPONDENT,

V

BOARD OF EDUCATION LEWISTON PORTER

CENTRAL SCHOOL DISTRICT,

RESPONDENT-APPELLANT.


Petitioner 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 Niagara on March 21, 2012, on the ground that appellant has failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Carolyn Nugent Gorczynski, Esq., dated July 23, 2012, the affirmation of Leah A. Bouquard, Esq., dated July 24, 2012, the notice of motion with proof of service thereof, and the affirmation of Ryan G. Smith, Esq., dated August 7, 2012, 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 October 22, 2012.

Entered: August 21, 2012

Frances E. Cafarell, Clerk