| IN THE MATTER OF THE APPLICATION OF DAVID MCDONALD, CLAIMANT-, AS PARENT AND NATURAL GUARDIAN OF JULIA MCDONALD, FOR |
| Motion No: CA 14-00130 |
| Slip Opinion No: 2014 NY Slip Op 63270(U) |
| Decided on February 5, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00130
| IN THE MATTER OF THE APPLICATION OF DAVID MCDONALD,
CLAIMANT-APPELLANT, AS PARENT AND NATURAL GUARDIAN OF JULIA MCDONALD, FOR PERMISSION TO SERVE AND FILE A NOTICE OF
CLAIM AS REQUIRED BY LAW. LOCKPORT CENTRAL SCHOOL DISTRICT,
DEFENDANT-RESPONDENT. |
Respondent 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 Niagara on September 12, 2013, on the ground that appellant failed to perfect timely the appeal, and
Appellant having cross-moved for an extension of time to perfect the appeal from the order entered September 12, 2013,
Now, upon reading and filing the affidavits of James H. Cosgriff, III, Esq., sworn to January 3, 2014, and January 24, 2014, the affidavit of Nelson E. Schule, Jr., Esq., sworn to January 28, 2014, and the notices of motion and cross motion with proof of service thereof, 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 April 7, 2014, and
It is further ORDERED that the cross motion is dismissed as unnecessary.
Entered: February 5, 2014
Frances E. Cafarell, Clerk