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

DOCKET NO. CA 16-00464

MELINA CRVELIN, PLAINTIFF-APPELLANT, V BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NIAGARA FALLS, RUSSELL PETROZZI, CARMELETTE ROTELLA, ARTHUR JOCOY, JR., CHRISTOPHER H. BROWN, JAMES CANCEMI, KEVIN DOBBS, ROBERT KAZAENGIN, JR., DON J. KING, NICHOLAS VILARDO, CYNTHIA A. BIANCO, ANGELO MASSARO, AND PHILIP MOHR, DEFENDANTS-RESPONDENTS.

Respondents Board of Education of City of School District of City of Niagara Falls, Russell Petrozzi, Carmelette Rotella, Arthur Jacoy, Jr., Don J. King, Nicholas Vilardo, Cynthia A. Bianco, Angelo Massaro, and Philip J. Mohr having moved to dismiss the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 4, 2016, on the ground that appellant failed to perfect timely the appeal, and appellant having cross-moved for an extension of time to perfect the appeal and for other relief,

Now, upon reading and filing the affidavit of Michael F. Perley, Esq., sworn to March 22, 2016, the affirmation of John P. Bartolomei, Esq., dated April 5, 2016, 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, as to respondents Board of Education of City of School District of City of Niagara Falls, Russell Petrozzi, Carmelette Rotella, Arthur Jacoy, Jr., Don J. King, Nicholas Vilardo, Cynthia A. Bianco, Angelo Massaro, and Philip J. Mohr, unless the appeal is perfected on or before June 21, 2016, and

It is further ORDERED that appellant's cross motion is dismissed as unnecessary.

Entered: April 22, 2016

Frances E. Cafarell, Clerk