RALPH GUERRUCCI, ON BEHALF OF HIMSELF AND ALL OTHER PERSONS SIMILARLY SITUATED V SCHOOL DISTRICT OF CITY OF NIAGARA
Motion No: CA 13-02231
Slip Opinion No: 2014 NY Slip Op 61808(U)
Decided on January 17, 2014
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.


January 17, 2014

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

DOCKET NO. CA 13-02231

RALPH GUERRUCCI, ON BEHALF OF HIMSELF AND ALL OTHER PERSONS

SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,

V

SCHOOL DISTRICT OF CITY OF NIAGARA FALLS,

DEFENDANT-RESPONDENT.


Appellants having moved 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 Niagara on October 24, 2013,

Now, upon reading and filing the affirmation of Jonathan Johnsen, Esq., dated December 20, 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 as premature (see 22 NYCRR 1000.13 [f]).

Entered: January 17, 2014

Frances E. Cafarell, Clerk