| IN THE MATTER OF BERNICE MALCOLM V NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK DEPARTMENT OF LABOR UNEMPLOYMENT |
| Motion No: CA 13-01283 |
| Slip Opinion No: 2013 NY Slip Op 81191(U) |
| Decided on July 31, 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 13-01283
| IN THE MATTER OF BERNICE MALCOLM, PETITIONER-APPELLANT,
V NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE BOARD'S
ADMINISTRATIVE LAW JUDGE SECTION, ADMINISTRATIVE LAW JUDGE ANNETTE GAUL, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY,
NEW YORK STATE DIVISION OF HUMAN RIGHTS, AND HONEOYE FALLS-LIMA CENTRAL SCHOOL DISTRICT, MICHELLE KAVANAUGH IN HER
OFFICIAL CAPACITY AS SUPERINTENDENT OF SCHOOLS AND INDIVIDUALLY, AND WAYNE A. VANDER BYL, IN HIS OFFICIAL CAPACITY AS
SCHOOL ATTORNEY AND INDIVIDUALLY, RESPONDENTS-RESPONDENTS. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 6, 2012,
Now, upon reading and filing the affidavit of Bernice Malcolm sworn to July 15, 2013, 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 dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 10003.13 [g]).
Entered: July 31, 2013
Frances E. Cafarell, Clerk