| STACEY FRIEND AND DAVID FRIEND, AS PARENTS AND NATURAL GUARDIANS OF JOHN DOE, AN INFANT V BOARD OF EDUCATION FOR |
| Motion No: CA 18-00601 |
| Slip Opinion No: 2018 NY Slip Op 70814(U) |
| Decided on April 18, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00601
| STACEY FRIEND AND DAVID FRIEND, AS PARENTS AND NATURAL GUARDIANS
OF JOHN DOE, AN INFANT, PLAINTIFFS-APPELLANTS, V BOARD OF EDUCATION FOR LANCASTER CENTRAL SCHOOL DISTRICT AND SARAH
FITZPATRICK, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS AN EMPLOYEE OF LANCASTER CENTRAL SCHOOL DISTRICT,
DEFENDANTS-RESPONDENTS. |
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 Erie on January 26, 2018, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Allison B. Fiut, Esq., sworn to April 4, 2018, the notice of motion with proof of service thereof, and the affirmation of Anne M. Wheeler, Esq., dated April 6, 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 June 18, 2018.
Entered: April 18, 2018
Mark W. Bennett, Clerk