| DARRYL GAITER AND HELEN GAITER V CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL #39 |
| Motion No: CA 13-00767 |
| Slip Opinion No: 2013 NY Slip Op 75277(U) |
| Decided on May 28, 2013 |
| 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 13-00767
| DARRYL GAITER AND HELEN GAITER, PLAINTIFFS-RESPONDENTS,
V CITY OF BUFFALO BOARD OF EDUCATION AND MARTIN LUTHER KING SCHOOL #39,
DEFENDANTS-APPELLANTS. |
Respondents having moved to dismiss the appeal taken herein from order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 4, 2013, on the ground that appellants have failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Eric B. Grossman, Esq., dated April 30, 2013, the notice of motion with proof of service thereof, and the affidavit of Jacob W. Osher, Esq., sworn to May 10, 2013, 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 July 29, 2013.
Entered: May 28, 2013
Frances E. Cafarell, Clerk