| JAMES R. WITTMAN V ROBERT NICE , LANCASTER CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION |
| Motion No: CA 15-01959 |
| Slip Opinion No: 2015 NY Slip Op 94880(U) |
| Decided on December 23, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-01959
| JAMES R. WITTMAN, PLAINTIFF-APPELLANT, V ROBERT NICE, ET AL.,
DEFENDANTS, LANCASTER CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION, 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 Erie on September 2, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Carlton K. Brownell, III, Esq., dated November 18, 2015, the notice of motion with proof of service thereof, and the affidavit of Nelson E. Schule, Jr., Esq., sworn to November 19, 2015, 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 February 22, 2016.
Entered: December 23, 2015
Frances E. Cafarell, Clerk