| IN THE MATTER OF KIM A. KIRSCH AND MICHAEL A. STARVAGGI V BOARD OF EDUCATION OF WILLIAMSVILLE CENTRAL SCHOOL DISTRICT |
| Motion No: CA 16-02059 |
| Slip Opinion No: 2016 NY Slip Op 92430(U) |
| Decided on November 23, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-02059
| IN THE MATTER OF KIM A. KIRSCH AND MICHAEL A. STARVAGGI,
PETITIONERS-RESPONDENTS, V BOARD OF EDUCATION OF WILLIAMSVILLE CENTRAL SCHOOL DISTRICT AND WILLIAMSVILLE CENTRAL SCHOOL
DISTRICT, RESPONDENTS-APPELLANTS. |
Petitioners 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 March 3, 2016, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Stanley J. Silverstone, Esq., dated November 8, 2016, the notice of motion with proof of service thereof, and the affidavit of Kristin Klein Wheaton, Esq., sworn to November 16, 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 December 23, 2016.
Entered: November 23, 2016
Frances E. Cafarell, Clerk