| MARK KONDZIELAWA AND CHERYL KONDZIELAWA V HERKIMER CENTRAL SCHOOL DISTRICT |
| Motion No: CA 16-00540 |
| Slip Opinion No: 2016 NY Slip Op 71967(U) |
| Decided on April 27, 2016 |
| 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. |
DOCKET NO. CA 16-00540
| MARK KONDZIELAWA AND CHERYL KONDZIELAWA,
PLAINTIFFS-RESPONDENTS, V HERKIMER CENTRAL SCHOOL DISTRICT, DEFENDANT-APPELLANT. |
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 Herkimer on December 2, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Frederick W. Murad, Esq., dated March 29, 2016, and the notice of motion with proof of service thereof,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: April 27, 2016
Frances E. Cafarell, Clerk