IN THE MATTER OF THE CLAIM OF RENEE S. HENRY V COUNTY OF NIAGARA, NIAGARA COUNTY COMMUNITY COLLEGE, BOARD OF TRUSTEES
Motion No: CA 18-00094
Slip Opinion No: 2018 NY Slip Op 63642(U)
Decided on February 1, 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.


February 1, 2018

DOCKET NO. CA 18-00094

IN THE MATTER OF THE CLAIM OF RENEE S. HENRY,

PETITIONER-APPELLANT,

V

COUNTY OF NIAGARA, NIAGARA COUNTY COMMUNITY COLLEGE,

BOARD OF TRUSTEES OF NIAGARA COUNTY COMMUNITY COLLEGE,

JAMES P. KLYCZEK, INDIVIDUALLY AND IN HIS FORMER OFFICIAL

CAPACITY AS PRESIDENT OF NIAGARA COUNTY COMMUNITY COLLEGE,

AND FRANCIS L. GILES, INDIVIDUALLY AND IN HIS FORMER

OFFICIAL CAPACITY AS NIAGARA COUNTY COMMUNITY COLLEGE CAMPUS

SECURITY DIRECTOR, RESPONDENTS-RESPONDENTS.


Respondent County of Niagara 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 October 19, 2017, on the ground that appellant failed to perfect timely the appeal,

Now, upon reading and filing the statement of Brian P. Crosby, Esq., dated January 9, 2018, the amended affidavit of Brian P. Crosby, Esq., sworn to January 17, 2018, and the notice of motion with proof of service thereof,

It is hereby ORDERED that the motion is granted, and the appeal as it relates to the County of Niagara is dismissed without costs.

Entered: February 1, 2018

Mark W. Bennett, Clerk