WALTER KENNEDY, CLAIMANT- V OSWEGO CITY SCHOOL DISTRICT
Motion No: CA 16-01466
Slip Opinion No: 2016 NY Slip Op 85690(U)
Decided on September 13, 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.


September 13, 2016

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

DOCKET NO. CA 16-01466

WALTER KENNEDY, CLAIMANT-APPELLANT,

V

OSWEGO CITY SCHOOL DISTRICT, 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 Oswego on February 24, 2016, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the affirmation of Christopher M. Militello, Esq., dated August 24, 2016, the notice of motion with proof of service thereof, and the affidavit of Michael P. Kenny, Esq., sworn to September 9, 2016, 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 November 14, 2016.

Entered: September 13, 2016

Frances E. Cafarell, Clerk