SUZANNE M. BLEY, INDIVIDUALLY AND AS GUARDIAN OF ARRIKA MARIE BLEY, AND INFANT V TOWN OF NORTH COLLINS, NORTH COLLINS
Motion No: CA 13-02073
Slip Opinion No: 2013 NY Slip Op 94739(U)
Decided on December 19, 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.


December 19, 2013

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

DOCKET NO. CA 13-02073

SUZANNE M. BLEY, INDIVIDUALLY AND AS GUARDIAN OF ARRIKA

MARIE BLEY, AND INFANT, PLAINTIFF-APPELLANT,

V

TOWN OF NORTH COLLINS, NORTH COLLINS CENTRAL SCHOOL

DISTRICT, DEFENDANTS-RESPONDENTS.


Respondent Town of North Collins having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 27, 2013, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Adam P. Hatch, Esq., dated November 21, 2013, the notice of motion with proof of service thereof, and the affirmation of Edward J. Schwendler, III, Esq., sworn to December 5, 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 February 18, 2014.

Entered: December 19, 2013

Frances E. Cafarell, Clerk