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

DOCKET NO. CA 15-00048

FAYE M. EATON, PLAINTIFF-APPELLANT, ET AL., PLAINTIFFS, V SYLVIA HUNGERFORD, INDIVIDUALLY AND AS SPECIAL EDUCATION TEACHER OF WAYNE CENTRAL SCHOOL DISTRICT, WAYNE CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF WAYNE CENTRAL SCHOOL DISTRICT, FRANK ROBUSTO, INDIVIDUALLY AND AS PRESIDENT OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JOYCE LYKE, INDIVIDUALLY AND AS VICE PRESIDENT OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JOHN TRIOU, INDIVIDUALLY AND AS MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, RICHARD JOHNSON, INDIVIDUALLY AND AS MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, JEFF SCHULTZ, INDIVIDUALLY AND AS MEMBER OF WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, SCOTT GRISWOLD, INDIVIDUALLY AND AS MEMBER OF 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 WAYNE CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, TOM NICHOLSON, INDIVIDUALLY AND AS MEMBER OF 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.

Appellant having moved for permission to correct errors in the record filed on 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, and having cross-moved for the Court to take judicial notice of the record filed on a prior appeal, and

Respondents having moved for an extension of time to file and serve a brief and appendix on the appeal,

Now, upon reading and filing the affirmations of Emmelyn Logan-Baldwin, Esq., dated August 6, 2015, and August 12, 2015, the affidavit of Anthony R. Brighton, Esq., sworn to August 6, 2015, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion insofar as it seeks to correct errors in the record on appeal is granted, to the extent that 11 copies of the corrected Table of Contents, Statement pursuant to CPLR 5531, and the signed Supreme Court order are filed with proof of service of two copies on respondents on or before August 31, 2015, and

It is further ORDERED appellant's cross motion is granted, and

It is further ORDERED that respondents' motion is granted on the condition that the respondents' brief and appendix are filed and served on or before September 30, 2015, and the Clerk is directed to accept the brief and appendix for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before October 15, 2015.

Entered: August 18, 2015

Frances E. Cafarell, Clerk