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

DOCKET NO. CA 13-01328

FAYE M. EATON, JACQUELINE SIWICKI AND MAUREEN M. DOYLE, PLAINTIFFS-APPELLANTS, V SYLVIA HUNGERFORD, INDIVIDUALLY AND AS SPECIAL EDUCATION TEACHER OF THE WAYNE CENTRAL SCHOOL DISTRICT, WAYNE CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF THE WAYNE CENTRAL SCHOOL DISTRICT, FRANK ROBUSTO, INDIVIDUALLY AND AS PRESIDENT OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JOYCE LYKE, INDIVIDUALLY AND AS VICE PRESIDENT OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JOHN TRIOU, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, RICHARD JOHNSON, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JEFF SCHULTZ, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, SCOTT GRISWOLD, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, MARK WYSE, INDIVIDUALLY AND AS A MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, SUSAN NEWMAN, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, TOM NICHOLSON, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, ROBERT ARMOCIDA, INDIVIDUALLY AND AS WAYNE CENTRAL SCHOOL DISTRICT MIDDLE SCHOOL PRINCIPAL, MICHAEL HAVENS, INDIVIDUALLY AND AS WAYNE CENTRAL SCHOOL DISTRICT SUPERINTENDENT, AND MARK CALLAHAN, INDIVIDUALLY AND AS WAYNE CENTRAL SCHOOL DISTRICT DIRECTOR OF HUMAN RESOURCES, DEFENDANTS-RESPONDENTS.

Appellant Maureen M. Doyle having moved to vacate the dismissal of the appeal and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 25, 2012, and

Appellant Faye M. Eaton having cross-moved for an extension of time to perfect the appeal taken from the order entered September 25, 2012,

Now, upon reading and filing the affidavit of Leo G. Finucane, Esq., sworn to September 20, 2013, the affidavit of Emmelyn Logan-Baldwin, Esq., dated October 1, 2013, the notices of motion and cross motion with proof of service thereof, and the affidavit of Edward J. Smith, III, Esq., sworn to October 1, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal and for an extension of time to perfect the appeal is granted, on the condition that the appeal taken by appellant Maureen M. Doyle is perfected on or before December 2, 2013, and

It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect the appeal taken by appellant Faye M. Eaton is granted to the extent that the ordering paragraph of the order of this Court entered August 26, 2013, is hereby amended by deleting the date October 25, 2013, and inserting in its place the date December 2, 2013.

Entered: October 9, 2013

Frances E. Cafarell, Clerk