In the Matter of Carl P. Paladino Petitioner v Board of Education for the City of Buffalo Public School District et

Motion No: 528214

Slip Opinion No: 2019 NY Slip Op 70211(U)

Decided on May 9, 2019

Appellate Division, Third 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.

Decided and Entered: May 9, 2019 528214

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In the Matter of CARL P. PALADINO,           
                                                       Petitioner,
           v                      DECISION AND ORDER
                      ON MOTION
BOARD OF EDUCATION FOR THE CITY OF BUFFALO PUBLIC SCHOOL DISTRICT et al.,
                                                       Respondents.
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Motion to dismiss proceeding and to strike petitioner's brief and record on review as untimely or, in the alternative, to strike portions of record on review and petitioner's brief.

Cross motion to vacate dismissal of proceeding.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the proceeding and to strike the petitioner's brief and record on review as untimely or, in the alternative, to strike portions of the record on review and the petitioner's brief is denied, without costs, and it is further

ORDERED that the cross motion to vacate the dismissal of the proceeding is granted, without costs, the dismissal of the proceeding is vacated (see 22 NYCRR 1250.10 [c]), and the proceeding is deemed timely perfected.
Garry, P.J., Clark, Mulvey and Pritzker, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court