ALFRED-ALMOND CENTRAL SCHOOL DISTRICT - V NY44 HEALTH BENEFITS PLAN TRUST, JOHN POPE, DEBORAH PIATEK, SCOTT DECKER, ROB
Motion No: CA 21-00608
Slip Opinion No: 2021 NY Slip Op 69572(U)
Decided on July 26, 2021
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.


July 26, 2021

PRESENT: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND BANNISTER, JJ.

CA 21-00608

ALFRED-ALMOND CENTRAL SCHOOL DISTRICT, ET AL.,

PLAINTIFFS-APPELLANTS,

V

NY44 HEALTH BENEFITS PLAN TRUST, JOHN POPE,

DEBORAH PIATEK, SCOTT DECKER, ROB GOTTSCHALL,

DONNA WALTERS, JAMES FREGELETTE, MELODY JASON,

JUSTIN DEMARTIN, MICHELLE OKAL-FRINK, CANDACE REIMER,

DEFENDANTS-RESPONDENTS,

ERIE 1 BOARD OF COOPERATIVE EDUCATIONAL

SERVICES, DEFENDANT.


Respondents having moved, pursuant to CPLR 5513 (a), to dismiss the appeal taken herein from an order and judgment of the Supreme Court, Erie County, entered March 24, 2021, on the ground that appellants failed to file and serve timely the notice of appeal,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeal is dismissed.

Entered: July 26, 2021

Mark W. Bennett

Clerk of the Court