IN THE MATTER OF ARBITRATION BETWEEN KENMORE-TOWN OF TONAWANDA UNION FREE SCHOOL DISTRICT V KEN-TON SCHOOL EMPLOYEES ASSOCIATION
Motion No: CA 12-02163
Slip Opinion No: 2012 NY Slip Op 92590(U)
Decided on December 5, 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.


December 5, 2012

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

DOCKET NO. CA 12-02163

IN THE MATTER OF ARBITRATION BETWEEN

KENMORE-TOWN OF TONAWANDA UNION FREE SCHOOL DISTRICT,

PETITIONER-APPELLANT-RESPONDENT,

AND

KEN-TON SCHOOL EMPLOYEES ASSOCIATION,

RESPONDENT-RESPONDENT-APPELLANT.


Ken-Ton School Employees Association having moved to dismiss petitioner's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 11, 2012, on the ground that petitioner has failed to perfect timely its appeal, and having moved for other relief,

Now, upon reading and filing the affidavits of Paul D. Weiss, Esq., sworn to November 14, 2012, and November 27, 2012, the notice of motion with proof of service thereof, and the affirmation of Richard T. Sullivan, Esq., dated November 26, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appeal is dismissed without further order unless the appeal is perfected on or before February 4, 2013.

Entered: December 5, 2012

Frances E. Cafarell, Clerk