Calhoun v Ilion Cent. School Dist. (2011 NY Slip Op 09742)

Calhoun v Ilion Cent. School Dist.

2011 NY Slip Op 09742 [90 AD3d 1686]

December 30, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 1, 2012

Dominick Calhoun, by and through his Next Friend, The Children's Rights Initiative, Inc., Appellant, v Ilion Central School District et al., Respondents. (Appeal No. 1.)

—[*1] The Children's Rights Initiative, Inc., Rome (Beth A. Lockhart of counsel), for plaintiff-appellant.

The Law Firm of Frank W. Miller, East Syracuse (J. Ryan Hatch of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered October 15, 2010. The order granted the motion of defendants to dismiss and/or for summary judgment and dismissed the complaint.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Scudder, P.J., Centra, Green, Gorski and Martoche, JJ.