SCUDDER

PRESENT: , P. J., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

Respondent Section III of the New York State Public High School Athletic Association, Inc. having moved to amend the caption and to correct the record by adding to the record its notice of appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 25, 2013,

Now, upon reading and filing the affidavit of John G. McGowan, Esq., sworn January 14, 2014, the notice of motion with proof of service thereof, and the statement of Renee L. James, Esq., dated January 30, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied without prejudice to a motion to resettle the record in Supreme Court (see 22 NYCRR 1000.4 [a] [1] [ii]; Matter of Stewart v Soda, 239 AD2d 966).

Memorandum: The appeal of respondent Section III of the New York State Public High School Athletic Association, Inc. was previously dismissed pursuant to this Court's rules (see 22 NYCRR 1000.12 [b]).

Frances E. Cafarell, Clerk