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

DOCKET NO. CA 15-00048

FAYE M. EATON, JACQUELINE SIWICKI AND MAUREEN M. DOYLE, PLAINTIFFS-APPELLANTS, V SYLVIA HUNGERFORD, INDIVIDUALLY AND AS SPECIAL EDUCATION TEACHER OF THE WAYNE CENTRAL SCHOOL DISTRICT, WAYNE CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF THE WAYNE CENTRAL SCHOOL DISTRICT, FRANK ROBUSTO, INDIVIDUALLY AND AS PRESIDENT OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JOYCE LYKE, INDIVIDUALLY AND AS VICE PRESIDENT OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JOHN TRIOU, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, RICHARD JOHNSON, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JEFF SCHULTZ, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, SCOTT GRISWOLD, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, MARK WYSE, INDIVIDUALLY AND AS A MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, SUSAN NEWMAN, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, TOM NICHOLSON, INDIVIDUALLY AND AS MEMBER OF THE WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, ROBERT ARMOCIDA, INDIVIDUALLY AND AS WAYNE CENTRAL SCHOOL DISTRICT MIDDLE SCHOOL PRINCIPAL, MICHAEL HAVENS, INDIVIDUALLY AND AS WAYNE CENTRAL SCHOOL DISTRICT SUPERINTENDENT, AND MARK CALLAHAN, INDIVIDUALLY AND AS WAYNE CENTRAL SCHOOL DISTRICT DIRECTOR OF HUMAN RESOURCES, DEFENDANTS-RESPONDENTS.

Respondents 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 Monroe on August 11, 2014, on the ground that appellants failed to perfect timely the appeal, and

Appellants having cross-moved for an extension of time to perfect the appeal taken from the order entered August 11, 2014, and having moved, pursuant to CPLR 5520 (c), for this Court to correct a clerical error on the notice of appeal dated September 10, 2014, and to treat the notice of appeal as a valid appeal taken from the order entered August 11, 2014,

Now, upon reading and filing the affidavit of Edward J. Smith, III, Esq., sworn to December 17, 2014, the affirmation of Emmelyn Logan-Baldwin, Esq., dated January 15, 2015, 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 respondents' motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 31, 2015, and

It is further ORDERED that appellants' cross motion is dismissed as unnecessary insofar as it seeks an extension of time to perfect the appeal, and

It is further ORDERED that appellants' cross motion is granted insofar as it seeks to treat the notice of appeal dated September 10, 2014, as a valid appeal from the order entered August 11, 2014 (see CPLR 5520 [c]).

Entered: March 5, 2015

Frances E. Cafarell, Clerk