IN THE MATTER OF BERNICE MALCOLM V NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK STATE DEPARTMENT OF LABOR UNEMPLOYMENT
Motion No: 1142-14
Slip Opinion No: 2015 NY Slip Op 60462(U)
Decided on January 2, 2015
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 2, 2015

PRESENT: CENTRA, J.P., FAHEY, SCONIERS, WHALEN, AND DEJOSEPH, JJ.

MOTION NO. 1142-14
DOCKET NO. CA 13-01283

IN THE MATTER OF BERNICE MALCOLM, PETITIONER-APPELLANT,

V

NEW YORK STATE DEPARTMENT OF LABOR, NEW YORK STATE

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.


Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered November 14, 2014, and having moved for other relief,

Now, upon reading and filing the affidavit of Bernice Malcolm sworn to November 24, 2014, the notice of motion with proof of service thereof, the affirmation of Allyson B. Levine, Esq., dated December 3, 2014, and the affirmation of Robert C. Weissflach, Esq., dated December 4, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: January 2, 2015

Frances E. Cafarell, Clerk