FAYE M. EATON, JACQUELINE SIWICKI AND MAUREEN M. DOYLE V SYLVIA HUNGERFORD, INDIVIDUALLY AND AS SPECIAL EDUCATION
Motion No: CA 13-01328
Slip Opinion No: 2013 NY Slip Op 89223(U)
Decided on October 22, 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.


October 22, 2013

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 Jacqueline Siwicki having moved to vacate the dismissal of 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 having moved for other relief,

Now, upon reading and filing the affidavit of Steven P. Shultz, Esq., sworn to September 30, 2013, the notice of motion with proof of service thereof, and the affidavit of Edward J. Smith, III, Esq., sworn to October 8, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that the appeal taken by appellant Jacqueline Siwicki is perfected on or before December 2, 2013.

Entered: October 22, 2013

Frances E. Cafarell, Clerk