| IN THE MATTER OF BERNICE MALCOLM V NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK DEPARTMENT OF LABOR UNEMPLOYMENT |
| Motion No: CA 13-01283 |
| Slip Opinion No: 2014 NY Slip Op 80318(U) |
| Decided on August 11, 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: CENTRA, J.P., FAHEY, SCONIERS, WHALEN AND DEJOSEPH, JJ.
DOCKET NO. CA 13-01283
| IN THE MATTER OF BERNICE MALCOLM, PETITIONER-APPELLANT,
V NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE BOARD'S
ADMINISTRATIVE LAW JUDGE SECTION, ADMINISTRATIVE LAW JUDGE ANNETTE GAUL, IN HER OFFICIAL CAPACITY AND INDIVIDUALLY,
NEW YORK STATE DIVISION OF HUMAN RIGHTS, HONEOYE FALLS-LIMA CENTRAL SCHOOL DISTRICT, MICHELLE KAVANAUGH IN HER
OFFICIAL CAPACITY AS SUPERINTENDENT OF SCHOOLS AND INDIVIDUALLY, AND WAYNE A. VANDER BYL, IN HIS OFFICIAL CAPACITY AS
SCHOOL ATTORNEY AND INDIVIDUALLY, RESPONDENTS-RESPONDENTS. |
Respondents New York State Department of Labor, New York State Department of Labor Unemployment Insurance Board's Administrative Law Judge Section and Administrative Law Judge Annette Gaul, in her official capacity and individually, having moved for an order accepting for filing the brief filed by New York State Department of Labor on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 6, 2012, as also having been filed by respondents New York State Department of Labor Unemployment Insurance Board's Administrative Law Judge Section and Administrative Law Judge Annette Gaul, in her official capacity and individually, and
Appellant having cross-moved for denial of said respondents' motion and for other relief,
Now, upon reading and filing the affirmation of Allyson B. Levine, Esq., dated July 18, 2014, the affidavit of Bernice Malcolm sworn to July 25, 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 said respondents' motion is granted and said brief is deemed timely filed and served by the New York State Department of Labor, New York State Department of Labor Unemployment Insurance Board's Administrative Law Judge Section and Administrative Law Judge Annette Gaul, in her official capacity and individually, and
It is further ORDERED that appellant's cross motion is denied.
Entered: August 11, 2014
Frances E. Cafarell, Clerk