Burger v. Kenmore-Town of Tonawanda Union Free Sch. Dist.

Full title: KATHLEEN A. BURGER AND DOUGLAS W. BURGER, PLAINTIFFS-APPELLANTS, v…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 10, 2014

2014 N.Y. Slip Op. 92389 (N.Y. App. Div. 2014)

Opinion

DOCKET NO. CA 14-01461 DOCKET NO. CA 14-01929

12-10-2014

KATHLEEN A. BURGER AND DOUGLAS W. BURGER, PLAINTIFFS-APPELLANTS, v. KENMORE-TOWN OF TONAWANDA UNION FREE SCHOOL DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) KATHLEEN A. BURGER AND DOUGLAS W. BURGER, PLAINTIFFS-APPELLANTS, v. KENMORE-TOWN OF TONAWANDA UNION FREE SCHOOL DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

SCUDDER, P. J.

PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Respondent having moved to dismiss the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 2, 2014 (appeal No. 2), on the ground that appellants failed to perfect timely the appeal, and

Appellants having cross-moved to consolidate the aforementioned appeal with the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 6, 2013 (appeal No. 1), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmations of Leah A. Costanzo, Esq., dated October 23, 2014, and November 20, 2014, the affirmation of J. Michael Lennon, Esq., dated November 12, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion is granted, and the appeal taken from the judgment entered May 2, 2014, is dismissed without further order unless that appeal is perfected on or before February 9, 2015, and

It is further ORDERED that appellants' cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the order and the judgment entered November 6, 2013, and May 2, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that appellants' cross motion insofar as it seeks an extension of time to perfect the appeal from the order entered November 6, 2013, is granted to the extent that the ordering paragraph of the order of this Court entered September 16, 2014, is hereby amended by deleting the date November 17, 2014, and inserting in its place the date February 9, 2015, and the cross motion is otherwise dismissed as unnecessary.

Entered: December 10, 2014

Frances E. Cafarell, Clerk