| Matter of Kimble v Yonkers Board of Education |
| Motion No: 2020-06722 |
| Slip Opinion No: 2021 NY Slip Op 65220(U) |
| Decided on April 26, 2021 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M276811
MB/
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
PAUL WOOTEN, JJ.
|
2020-06722 In the Matter of Charles Kimble, petitioner, v Yonkers Board of Education, respondent. (Index No. 50230/2019)
| DECISION & ORDER ON MOTION |
Proceeding pursuant to CPLR article 78, which was transferred to this Court by order of the Supreme Court, Westchester County, dated May 29, 2020. Motion by the respondent to dismiss the proceeding on the ground that the petitioner failed to serve a notification of case number pursuant to 22 NYCRR 1245.3(b)(1), or in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the proceeding is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief via NYSCEF is extended until May 26, 2021, and the respondent shall file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.
CHAMBERS, J.P., AUSTIN, LASALLE and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court