MARK BRATGE AND KATRINA BRATGE V JEFFREY SIMONS, INDIVIDUALLY AND AS SUPERINTENDENT OF ROME CITY SCHOOL DISTRICT, FRANK
Motion No: CA 18-00091
Slip Opinion No: 2018 NY Slip Op 62806(U)
Decided on January 31, 2018
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.


January 31, 2018

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

DOCKET NO. CA 18-00091

MARK BRATGE AND KATRINA BRATGE, PLAINTIFFS-APPELLANTS,

V

JEFFREY SIMONS, INDIVIDUALLY AND AS SUPERINTENDENT OF ROME

CITY SCHOOL DISTRICT, FRANK CONESTABILE, INDIVIDUALLY AND

AS DIRECTOR OF EMPLOYEE RELATIONS FOR ROME CITY SCHOOL

DISTRICT, TRACEY O'ROURKE, INDIVIDUALLY AND AS PRINCIPAL OF

STROUGH JUNIOR HIGH SCHOOL, ROME CITY SCHOOL DISTRICT,

DEFENDANTS-RESPONDENTS, ET AL. DEFENDANTS.


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 Oneida on October 19, 2017, on the ground that appellants failed to perfect timely the appeal,

Now, upon reading and filing the affidavit of Katherine E. Gavett, Esq., sworn to January 17, 2018, the notice of motion with proof of service thereof, and the affidavit of Frank Policelli, Esq., sworn to January 24, 2018, 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 April 2, 2018.

Entered: January 31, 2018

Mark W. Bennett, Clerk